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claim to the Chief Justice, to be heard and determined by such one of the judges as the judges may mutually arrange, and thereafter any judge may make any order in the matter which such judge may consider necessary for the hearing and determination of the claim.
(2) Every such claim shall be heard and determined after such notice to the defen lant as the judge may in each case prescribe.
(3) The defendant shall be entitled to be present at every hearing of such claim and, if in custody, shall be brought up on a warrant in the form provided in the
Schedule as Form No. 6.
(4) Upon such hearing the defendant may be represented by counsel or solicitor, and the Inspector General of Police may be represented by counsel or solicitor, or by any police officer not below the rank of Assistant Superintendent, or by any officer in the department of the Secretary for Chi- nese Affairs.
(5) The evidence of any witness examined at any such hearing shall be given upon oath, but it shall be lawful for the judge to admit evidence as to reputation and other hearsay evidence given by the defendant or by any witness called or examined on behalf of the claimant and to attach to such hearsay evidence such weight as he may consider proper.
(6) For the purposes of any such hearing and determin- ation the defendant, and the wife or husband (as the case may be) of the defendant, shall be a competent but not a compellable witness.
(7) For the purposes of any such hearing and determin- ation a judge shall have all the powers vested in the Supreme Court or any judge thereof in the ordinary civil jurisdiction of the Supreme Court with respect to enforcing the attendance of witnesses, examining of witnesses, com- pelling the production of documents, ordering the inspec- tion of property, and punishing persons guilty of contempt.
(8) In any such bearing and determination the onus shall lie upon the defendant of proving that he was a British subject at the commencement of the deportation proceedings.
(9) At the conclusion of any such hearing and deter- mination the judge shall certify whether in his opinion the defendant's claim that he was or was not a British subject at the commencement of the deportation proceedings has or has not been established.
(10) It shall be lawful for the judge in his discretion to add to any such certificate any facts, as to length of residence in Hong Kong, family ties, occupation, business interests, or otherwise, found by him in the course of the hearing and determination, which may appear to him likely to be relevant to the question of the deportation of the defendant, and also to refer in such certificate to any allegations or submissions made in the course of the hearing and determination which may appear to him to be relevant to that question.
(11) A sealed copy of every certificate issued under this section shall forthwith be transmitted by the Registrar of the Supreme Court to the Colonial Secretary.
Schedule. Form No. 6.
claim to
7.-(1) If the judge certifies that in his opinion the Procedure defendant's claim that he was a British subject at the after determi- commencement of the deportation proceedings has not nation of been established, and if a deportation order against the British defendant had been made before the reference of the claim nationality. to the Chief Justice, the Governor in Council shall take the certificate of the judge into consideration and may either confirm or rescind the deportation order already made.
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