(2) The naus of proving that he has been resident in the Colony for a consecutive period of one year immediately prior to the commission of the offence with which he is charged, shall be on the alien.
(3) Save as provided in sub-saction_ (7) the exercise or failure to exercise the powers conferred ou a court or a magistrate by this section shall not he deemed to affect the powers of the Governor in Council.
(4) Any alien, against whom a deportation order has been made under this section, may appeal to the Governor in Council. Upon any such appeal such alien shall be deemed to have abandoned any right which may, at the time of such appeal, still be exercisable, either to have the conviction, upon which such deportation order was based, quaehed or set aside, or to have such deportation order revoked by any court or magistrate,
1
(5) Without prejudice to the provisions of section 9 the court or magistrate, as the case may be, may admit to bail any person in custody against whom an order has been made uuler this section, upon such security aa, in the opinion of the court or 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 recognisance of buil may be in Form No. 5 in the Schedule, with such Form No. 5. modification, in the case of the order being made by a court, as the court shall deem necessary to denote that the order is so made.
Schedule
Schedule
(6) A deportation order under this section shall be made in Form No. 7 in the Schedule, with Form No. 7. such adaptations as may be necessary, and in particular with such adaptations as will denote the authority by whom it is made and the offence of which the alien, against whom the order is made, has been convicted.
Ordinance No. 41 of 1932.
(7) Nothing herein contained shall affect any right of appeal against conviction or sentence or any review under the Magistrates Ordinance, 1982, or any enactment amending or replacing the same and, in the event of such appeal or review, no deportation order made under this section shall be carried into effect, save and in so far as it is confirmed on such appeal or review. The appellate or reviewing authority is hereby empowered to revoke or modify any such deportation order,
(8) The Governor iII Council may. by notification in the Gazette-
(a) confine the operation of this section
to conviction of certain offences only,
(6) exclude the operation of this section
in the case of convictions of certain offences,”
3.
Section 9 of the principal Ordinance is hereby amended Amendment by the addition of the following additional sub-section →
4
of section g at the principal
(8) Where any such person has appealed against a Ordinance. conviction the upholding of which is necessary for the validity of a deportation order made under section 8, or where such a conviction is being reviewed by a magistrate, the foregoing shall not be deemed to authorise the taking into custody of an alien a long as he is on bail by the authority of a court or magistrate."
4.
LE
of the
Section 13 of the principal Ordinauca ia bereby amended Amendment by the insertion of the following additional sub-sections after of section 23 sub-section (4)
principal (5) Where a person is guilty of the misdemeanor Ordinance. mentioned in sub-section (1) of this section and whether or not he is prosecuted for such misdemeanor but without prejudice to any lawful sentence imposed as a result of any such prosecution the original order of banishment or deporta- tion shall be enforceable against him until the expiration of the period of banishment or deportation, and the Governor may, as often as may be necessary, by order under the hand of the Colonial Secretary, fix the time within which any such person shall leave the Colony and make any such order as is mentioned in section 11.
(6) Upon the making of any order under the preceding sub-section the provisions of sub-section (2) of section 9 shall apply.
(7) Any order made by the Governor under this section shall refer to this section und may be endorsed either on the original order of banishment or deportation or upon any document which purports to be a copy of such order and to be certified by the Clerk of Councils or may be attached to any such order or document in any manner which the Colonial Secretary may deem convenient: Provided that nothing herein contained shall render invalid any order which is not eo endorsed or attached.
(8) Any person who without lawful authority or excuse fails to comply with an order made under sub-section (5) shall on summary conviction before a magistrate be liable to imprisonment for a term not exceeding six months and to a tine not exceeding one thousand dollars.
(9) The Governor in Council may make regulations for carrying sub-sections (5), (6) and (7) of this section into effect and prescribing what forms and procedure aball be used."
Passed the Legislative Council of Hong Kong, this 27th day of October, 1948.
Alartein with
Deputy Clerk of Councils.