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Deported person to be deemed
to retain his nationality.
Power to
order that
a deportee
shall depart by a particular train or ship.
Schedule
Form No. 8.
Period of application and time limited
for departure
to be
stated in
deportation
order.
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(2) If in the opinion of the Inspector General of Police it is necessary that such person should not remain at large pending the departure of such person from the Colony, such person, if on bail or otherwise at large may then be taken into custody, and if already in custody may be kept in custody, and shall be in either case deemed to be under lawful arrest and in lawful custody until he leaves the Colony or until the Inspector General of Police sees fit to order his prior release.
10. Where any deportation order under this Ordinance is in force against any person, that person shall, unless the Governor otherwise directs, be deemed for the purposes of the order to retain his nationality as the date of the order notwithstanding any intervening naturalization, marriage or any other event.
11.-(1) Whenever a deportation order shall have been issued against any person, it shall be lawful for the Governor, if he considers it desirable to do so, by order under the hand of the Colonial Secretary, to do all or any of the following things :-
(a) to order that the person against whom the deportation order has been issued shall depart from the Colony by a particular train, or by a particular ship whatever the immediate or ultimate destination of the said ship, if such destination is in a country or other territory to which, in the opinion of the Governor, such person properly belongs.
(b) in case it may in the opinion of the Governor be impracticable or inexpedient that such person should depart from the Colony by any train or ship by which he has been ordered to depart to substitute as often as may be necessary another train or ship as the train or ship by which such person shall depart from the Colony;
(c) to extend from time to time the time within which such person shall depart from the Colony;
Provided that where extradition proceedings have been previously taken against any such person, and the said proceedings have resulted in the discharge of such person either by a magistrate or by the Supreme Court on habeas corpus, nothing in this sub-section shall be construed as empowering the Governor to order such person to leave the Colony by any ship the immediate destination of which is a place in the territory of the state by which the surrender of such person was demanded, or otherwise to compel such person to enter the territory of such state.
(2) Any order made under sub-section (1) shall be sufficient authority to all police officers and to the master and crew of the ship to use within the Colony and the waters thereof such force and restraint as may be necessary in order to carry out such order.
(3) Any order made under this section may be indorsed on the deportation order and may be in Form No. 8 in the Schedule or as near thereto as the cricumstances may permit.
12. Every deportation order shall state the period during which it is to apply and shall fix the time within which the person against whom it is made shall depart from the Colony.
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deportation
13.-(1) Every person who is prohibited from being Penalty for within the Colony by a deportation order made under return from this Ordinance or a banishment or deportation order made or banish- under any repealed Ordinance, and who without lawful ment. authority or excuse is within the Colony after the date fixed by such order for his departure and before the expiration of the period of his deportation or banishment, shall be guilty of a misdemeanor..
(2) Where any such person is convicted summarily before a magistrate, he shall be liable to imprisonment for any term not exceeding one year.
(3) Where any such person is convicted on indictment, he shall be liable to imprisonment for any term not exceeding five years in cases where the period of deportation or banishment exceeded fifteen years, to imprisoment for any term not exceeding three years in cases where the period of deportation or banishment did not exceed fifteen years but exceeded five years, and to imprisonment for any term not exceeding two years in cases where the period of deportation or banishment did not exceed five years.
(4) Where the period of deportation or banishment is for life, such period shall be deemed to exceed fifteen years for the purposes of this section.
14. Every person, who without lawful authority or Fenalty for excuse knowingly harbours or conceals any person who is harbouring. prohibited from being within the Colony by a deportation order made under this Ordinance or a banishment or deportation order made under any repealed Ordinance, shall upon summary conviction be liable to a fine not exceeding two hundred and fifty dollars.
15. The Governor may appoint any building or portion Houses of of a building to be a House of Detention for the purposes Detention. of this Ordinance and any person to be Superintendent of such House, and in default of such appointments Victoria Gaol, or other the principal prison of the Colony, the Prison for males at Lai Chi Kok, the Prison for females at Lai Chi Kok and the Prison Wards at the Government Civil Hospital and the Kowloon Hospital shall be Houses of Detention and the Superintendent of Prisons shall be the Superintendent of the Houses of Detention.
16.--(1) In any proceedings whatsoever, a deportation Evidence. or banishment order signed by the Clerk of Councils, or a copy of such order certified by the Clerk of Councils, shall be deemed conclusive evidence that the order was duly and validly made and issued against the person named in such order and that the order was made on the date therein specified.
(2) In any proceedings whatsoever, any document which purports to be a deportation or banishment order and to be signed by the Clerk of Councils, or any document which purports to be a copy of such order and to be certified by the Clerk of Councils, shall, until the contrary is proved, be deemed respectively to be such an order signed by the Clerk of Councils or to be a copy of such an order certified by the Clerk of Councils.
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