A.D. 1946.]
CHINESE COLLABORATORS (SURRENDER).
[No. 7.
No. 7.]
Order for release.
Protection of officers.
Forms Schedule.
Evidence.
CHINESE COLLABORATORS (SURRENDER).
[A.D. 1946.
(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.
8. 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 such warrant or order shall be a sufficient answer to such action or suit, and the defendant, on such proof as aforesaid, shall be entitled to a verdict or judgment accordingly and shall also be entitled to all costs of suit.
9.
The forms in the Schedule or forms to the like effect, with such variations and additions as the circumstances may, 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 whatsoever-
(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 made 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 such order, such certified copy or such certificate.
Governor in
be final.
11.
The decision of the Governor in Council as to Decision of whether under the provisions of this Ordinance an order for Council to 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.
collaborator.
12. (1) Any collaborator who, within six months Arrest of from the day on which the order for the surrender of such returning 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.
(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 such collaborator for a period not exceeding twenty-one days (pending further investigation) in such custody as he may specify.