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(8) 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 provided that the Governor is satisfied that the said persih'ought to be detained in order that further inquiry may be made or the arrangerdents for surrender completed.
(4) Whenever a warrant for detention has been made under this section without specifying in whose custody detention is to be carried out, the person arrestad under wich warrant may be detained in any place or building or portion of a buildingset wide for the purpose of a prison under section 2 of the Prisons Ordinance, 1932, and from time to time be moved therefrom and brought to and detained in any place as the Colonial Secretary may by any written or verbal direction direct-
5. (1) So soon as conveniently may be after the issue of an order for the surrender of a collaborator, the Commissioner of Police shall cause a copy of such order to be served on such collaborator.
(2) A collaborator shall be deamed to be under lawful arrest until the surrender is effected or until such time as he has been released in accordance with this Ordinance.
(3) The Colonial Secretary may, by the direction of the Governor, by urder direct that a collaborator be surrendered to any perean, whether specified by name or by the designation of his office, being a person recognised by the Governor as the deleguto of a Chinese Authority. Any such ordor may be endorsed on the order for surrender and shal) be sufficient authority to all police officers and to the master and crew of any ship in which the person may be carried to use within the Colony and the waters thereof such force and restraint as may be necessary in order to carry out such order,
5. No steps or proceedings other that those expressly specified in this Ordinance shall be necessary to the validity of any warrant or arder made or purporting to have been made under this Ordinance.
7. (1) The Colonial Secretary, by the direction of the Governor, may order the release of any person detained under the provisions of this Ordinance, including any collaborator detained under section 12, and on the receipt of any such order the person named therein shall be discharged from custody,
(2) The release of any person under the provisions of sub-section (1) of this section shall not be any bar to any subsequent arrest, detention or proceedings under this Ordinance or to the making of an order for surrender under the provisions of The Chinese Extradition Ordinance, 1889, or to the making of a deportation order under the Deportation of Aliens Ordinance, 1935.
3. If any action or suit is brought against any person for anything done under or in obedience to any warrant or order issued under the provisions of this Ordinance, the proof of euch warrant or order shall be a sufficient answer to such action or suit, and the defen- dant, on such proof as aforesaid, shall be entitled to a verdict or judgment accordingly and shall also be entitled to all costs of auit.
9. The forms in the Schedule or forms to the like effect, with such variations and additions as the circumstances tasy, in the opinion of the Governor, require, may be used for the purposes therein indicated and instruments in those forms shall be valid and sufficient.
10 In any proceedings whatsoeVET-~~-~-
(1) an order for surrender 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 tande and issued against the person named in such order and that the order was made on the date therein specified;
(2) a certificate under the hand of the Colonial Secretary shall be conclusive evidence on any question relating to any opinion, discretion, recognition or direction which the Governor or the Colonial Secretary is by this Ordinance authorised to form, exercise or give or as to the due making and validity of any warrant which the Governor is authorised to issue hereunder;
(3) any document purporting to be any such order as aforesaid or a certified copy thereof or purporting to be such a certificate as aforesaid shall, until the contrary be proved, be deemed respectively to be much order, such certified copy or such certificate.
11.
The decision of the Governor in Council as to whether under the provisions of this Ordinance an order for the surrender of any person can lawfully be, or should be, made or as to the surrender of any person shall be final and conclusive for all purposes whatsoever. 12.
(1) Any collaborator who, within six months from the day on which the order for the surrender of such collaborator was signed, enters into or is found in the Colony without a permit issued by or on behalf of the Governor authorising his presence in the Colony, may be arrested without warrant by any officer of police and detained in police custody until the Governor's pleasure be known.
3
(2) The Governor may, if he considers it desirable, make an order for the surrender to a Chinese Authority of any collaborator to which this section applies and may in any event order the detention of auch enllaborator for a period not exceeding twenty-one days (pending further investigation) in such custody as he may specify.
(3) 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, provided that the Governor is satisfied that the said person ought to be detained in order that further inquiry may be made or the arrangements for surrender completed.
(4) Any arrest effected under sub-section (1) of this section shall be reported by the Commissioner of Police to the Colonial Secretary not later than 48 hours after such arrest was made.
13.
Nothing in this Ordinance shall be construed as derogating from any authority to Maries. order the surrender of a fugitive criminal ander the provisions of the Chinese Extradition Ordinanes, 1889, or to order the deportation of any alien under the provisions of the Deportation of Aliens Ordinance, 1935.
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14. This Ordinance shall continue in force until the 30th April, 1947: Provided that Expiration d the expiration of this Ordinance shall not affect the validity of any warrant or order runde hereunder and that any proceedings (including any warrant, order or step authorised to be made, issued or taken hereunder pursuant or subsequent to or consequent upon any such first-mentioned warrant or order) may be instituted ontinued or enforced in like ruanger and with the like offent and validity as if this Ordinance had not expired.
SCHEDULE
FORM NO. 1
ORDER FOR SURRENDER
THE CHINESE COLLABORATORS (SURRENDER) ORDINANCE, 1946
Council Chamber, Victoria, in the Colony of Hong Kong the day of
194..++
Whereas the following Chinese Authority, namely
has by application to the Governor in Council requested that
[8. 8]
should be surrendered under the provisions of the Chinese Collaborators (Surrender) Ordin- auce, 1946:
And whereas it appears to the Governor in Council that the said
should be so surrendered:
The Governor in Council doth hereby by virtue of the said Ordinance order that the above named person be surrendered to the above mentioned Chinese Authority or to any delegate of such Authority recognised by the Governor.
This order is made under section 3 of the Chinese Collaborators (Surrender) Ordin- ance, 1946.
Clerk of Councils