1940-HKRS28-8-1_Part02 — Page 38

Regulations.

Power of

und arrest.

8

The grounds of such appeal shall be concisely stated in writing, and the appellant may, if he so desires, be present at the hearing of such appeal and be heard in its support either by himself or by his representative, and the Governor in Council shall thereafter determine the matter in the absence of, and without further reference to, the Immigration Officer.

The Clerk of Councils shall give the appellant seven days notice of the hearing of the appeal, and shall at the same time furnish the appellant with a copy of the evidence and documents submitted by the respondent for the consideration of the Governor in Council:

Provided that nothing herein contained shall be deemed to prevent any person from applying to the Supreme Court for a mandamus, injunction, prohibition or other order should he elect so to do, instead of appealing to the Governor in Council under this section.

(2) In any appeal under the provisions of sub-section (1) the Governor in Council may at any time in his discretion direct a case to be stated for the opinion of the Full Court on any question of law involved in any appeal submitted to him. The terms of such case shall be agreed upon by the parties concerned, or in the event of their failure to agree shall be settled by the Full Court. The Full Court shall hear and determine the questica of law arising on any case stated as aforesaid, and shall renut the matter to the Governor in Council who shall give effect by order to the finding of the court. The costs of such hearing shall be in the discretion of the court.

Any party to the appeal shall be entitled to be heard by counsel on the hearing of any case so stated.

No proceedings by way of mandamus, injunction, pro- hibition, or other order shall be taken against the Governor in Council in respect of anything arising out of this section.

(3) Every order of the Governor in Council on any appeal shall be final and may be enforced by the Supreme Court as if it had been an order of that court.

20. The Governor in Council may make regulations for-- (a) defining the powers and duties, other than those expressly conferred by some provision of this Ordinance, of the Immigration Officer, his deputies, assistants and staff;

(b) prescribing forma;

(e) appointing places of detention;

(d) providing for the regulation and management of

depôts;

(e) cancelling or withdrawing passports, travel documents, permits, certificates, passes or other documents issued under ibis Ordinance;

(granting exemptions:

(g) altering the Schedule in any manner whatsoever; (H) generally to facilitate the carrying out of the provi sions of this Ordinance.

21. The Immigration Officer, and any officer of his entry, search department authorized thereto in writing by him, either generally or for a particular occasion may enter and searchi any place or vessel (not being or having the status of a ship of war), and may arrest without warrant any person whom he may reasonably suspect of having committed, or of

cf. Ordin- ance No. 2

of 1017

B. 3 (11.

attempting to commit, or of aiding or assisting any person to commit, an offence against any provision of this Ordinance, and to take any person ao arrested to a police station, or first to the office of the Immigration Officer for directions and then to a police station, to be brought before a magistrate and dealt with according to law.

22-(1) Every act, failure, neglect or omission whereby General any requirement of this Ordinance or of any regulation penalty. made, or condition attached to any permission granted, thereunder is contravened shall be deemed an offence and shall be punishable on summary conviction by a fine not exceeding one thousand dollars and imprisonment for any term not exceeding twelve mouths and by expulsion frein the Colony on the order of the convicting magistrate; and any security furnished shall be liable to be forfeited by order of such magistrate.

(2) Any expulsion order under sub-section (1) shall have the effect of authorizing any Police or Immigration Officer to arrest and detain the offender and to do all such other acts as may be necessary to enable such person to be expelled from the Colony by such vessel or route as the Commissioner of Police or the Immigration Officer may determine.

Ordinances

23. The Immigration and Passports Ordinance, 1934, Repeal of and the Immigration and Passports Amendment Ordinances, No. 2 of 1985 and 1940 are repealed.

1034, No. 23 of 1935 and

No. 20 of 1.8440.

24. This Ordinance shall come into force on such date Commence

as the Governor may appoint by Proclamation.

Passed the Legislative Council of Hong Kong, this 28th day of November, 1940.

I

"Thamant.

Nature of Document.

Deputy Clerk of Councila.

Entry Permit (valid for ( mouths)

Entry Permit (valid for 2 years)

SCHEDULE.

(es. 12, 18 and 20]

Fee.

#

2.00

6.00

Frontier Paus (valid for one year)

2.00

Certificate of four years' Residence (valid for 5 years) Certificate of ten years' Residence (valid for fi years) Passport (valid for 5 years)

0.00

10.00

Travel document. (valid for journey or period stated

therain]

4.00

itonewal of Passport, for ench gene of renewal

2.00

Endorsement of Pussport, otherwise than at the time of

issue or renewal

4.00

Tennait visa, normal fec

1.10

Entry visa, normal fee

11.00

2.00

In the case of visas granted to nationals of those countries which charge British subjects visa fues in excess of those quoted above. reciprocul charges will be enforced, converted at the following rates of exchange:.

Hong Kong $0.80= 1 shilling (sterling)

Kong Hong $100

Hong Kong

Mong trong 1.50

1 shilling (gold)

U.S. $1.

franu (gold)

mout,