15
Arrest.
detention
and inquiry.
Schedule Form No. 1.
Schedule
Form No. 2.
4.--(1) The Governor may, whenever it shall appear to him that there are reasonable grounds for inquiry as to whether any person should be deported, issue a warrant in Form No. 1 in the Schedule authorising the arrest of such person and his detention for a period not exceeding fourteen days.
(2) Any person arrested under such warrant may be detained in the custody of any officer referred to in the said warrant and may be transferred from the custody of such officer to any other such officer as often as may be desirable.
(3) So soon as conveniently may be after the arrest of any person under any such warrant, the Secretary for Chinese Affairs or one of the Assistants to the Secretary for Chinese Affairs, or a District or Assistant District Officer. shall interview the person so arrested and shall ask such person the questions set forth in Form No. 2 in the Schedule: Provided, however, that, if such person does not in answer to the fourth question in the said form say anything in answer to the charge preferred against him or give any reason why he should not be deported, it shall not be necessary for such. person to be asked to answer the fifth, sixth, seventh and eighth questions in the said form.
(4) The officer who interviews such person may, in addition to the questions specified in the said form, ask him any other questions which such officer may think desirable for the purpose of elucidating his answers or for the purpose of directing his attention to any particular in the questions or allegations which appears to such officer to require a reply or further reply.
(5) If in answer to the eighth question the person expresses willingness to be questioned about the matter, his evidence shall be taken, but not on oath, by such officer, who may examine and cross-examine him and any witness to such extent as he considers reasonable.
(6) The officer who interviews such person shall take down in English, with or without the assistance of an interpreter and whether such interpreter be sworn or not, a full record of the answers given by the person interviewed to the questions asked him, and of the evidence (if any) given by him and such answers and evidence so taken down by such officer shall be read over to such person and may if such person is willing so to do be signed or in other manner signified as correct by such person and by the interpreter if any be employed.
(7) The said officer shall place on record in a form convenient for the consideration of the Governor in Council the reports on which the allegations in the fourth question were based, the statements of witnesses and other evidence adduced by such person and any further statements or evidence which it becomes necessary to adduce in consequence thereof and he may from time to time adjourn the proceedings for the purpose.
(8) So soon as conveniently may be thereafter the Secretary for Chinese Affairs shall transmit to the Colonial Secretary a report in Form No. 3 in the Schedule for the Form No. 3. consideration of the Governor in Council.
Schedule
(9) A magistrate may at any time after the conclusion of the interview referred to in sub-section (3) and after the examination of the witnesses called by the person in question, or at any previous time with the consent of the Secretary for Chinese Affairs, admit to bail any person in custody under any warrant issued under this section upon such security as in the opinion of the magistrate will be sufficient to ensure the appearance and surrender of such person at the Central Police Station at any specified date and time. The recognizance of bail may be in Form No. 5 in the Scherlula Schedule.
Form No. 5,
(10) The Colonial Secretary by direction of the Governor may by order in Form No. 6 in the Schedule direct the release Schedule of any person under any such warrant as aforesaid, and on Fort No. 6. receipt of such order the Superintendent of the House of Detention shall release such person.
5. (1) A warrant in Forin No. 1 in the Schedule may be Detention used also where the summary procedure authorised by section
Warrants.
Schedule
3 (1) is adopted, provided the Governor is satisfied that Form No. 1. detention is necessary in order that the proceedings may be completed.
(2) In proceedings under this Ordinance the Governor may from time to time by warrant authorise the detention of a person already in custody for a further period of seven days from the date of the expiration of the previous warrant or of the sentence as the case may be, provided the Governor is satisfied that the said person ought to be detained in order that further inquiry may be made or the existing proceedings completed. A warrant under this sub- section may be in Form No. 4 in the Schedule with such Schedule variation as the case may require.
Form No. 4.
of necessity
6. No steps or proceedings whatsoever other than those Exclusion expressly specified in this Ordinance shall be necessary to for steps not the validity of any deportation order made or purporting to expressly have been made under this Ordinance.
provided for.
7. No proceedings whatsoever connected in any manner Previous with any consideration or inquiry under the provisions of deportation proceedings this Ordinance, or with any other consideration or inquiry To be no bar with a view to deportation made before or after the com-
to subsequent deportation mencement of this Ordinance under the provisions of any proceedings. other enactment, shall be any har to any subsequent consideration or inquiry under the provisions of this Ordinance
or to the making of any deportation order thereon.
of
magistrate
8. If any court or magistrate has convicted any alien Court or any offence, the court or magistrate may recommend that may a deportation order should be made in his case either in recommend deportation addition to or in lieu of sentence; but the existence of convicted or absence of such a recommendation shall not be deemed alien. to affect the powers of the Governor in Council under this Ordinance.
order and
9.-(1) So soon as conveniently may be after the issue of Service of any deportation order issued under the provisions of this deportation Ordinance, the Inspector General of Police shall cause a arrest, copy of such deportation order to be served on the person against whom it is made.
16