1946-HKRS28-8-13_Part01 — Page 20

HONG KONG.

No. 7 of 1946.

I assent.

hark Young.

Governor.

17th May, 1946.

An Ordinance to provide for the surrender of subjects of China, who, during the war period, have, in China, collaborated with the Japanese.

[17th May, 1946.]

BE IT ENACTED by the Governor of Hong Kong with the advice and consent of

the Legislative Council thereof os follows ----

L.

2.

This Ordinance may be cited as the Chinese Collaborators (Surrender) Ordinans, 1946. "Chicke In this Ordinance unless the context otherwise requires--

Pakopestitkom.

I

"China" includes any territory which, at the time of the commission of the act in respect of which an order for surrender is made, was, in the opinion of the Governor, recognised by His Majesty's Government as forming part of the Republic of China.

Chinese authority" means any person considered by the Governor to represent in the Colony,

or in any place within the territory of the Republic of China, the Government recognized by His Majesty's Government as the lawful Government of the Republic of China, or ta represent in any such place aforesaid the Head of auch Government.

Chinese National" masus a person having, in the opinion of the Governor, Chinese nationality at the time of the act in respect of which an order for surrender is made but shall not include any person who was at such time or is now a British subject.

"Collaborator** means a Chinese national for whose surrender an order has been made under this Ordinance.

**Eneny" means the Japanese State and any person or body of persons or authority acting or purporting to act or to be established under the authority of or in association with such State,

Territory of the Republic of China" means the territory which, in the opinion of the Governor, is recognised from time to time by His Majesty's Government as forming part of the Republic of China.

"War" includes the hostilities between the Republic of China und Japan preceding the formel declaration of war by China upon inpan.

"War period" means the period between the 7th of July, 1967, and the 16th of August, 1915.

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3. It ball be lawful for the Governor in Council open the application of n. Chinese authority, made in such form and accompanied by such documents and certificates as the for dr. Boverant way from time to time require. to make an order for the surrender to auch authority or aus delegate recognised by the Governor of any Chinese national who, during the war period, hoa, in the opinion of the Governor in Council, done in any part of China any act or thing designed or calculated to benefit the enemy or bastile or defrímantal to or designed or calulated to defeat, hinder or prejudice the cause of the United Nations or the prosecution of any war in which any of such Nations were engaged,

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(1) The Governor may, whenever it shall appear to him that there are reasonable Wangar for grounds for inquiry as to whether any person should be surrendered and that the detention to of such person is desirable, isene a warrant authorising the arrest of such person and his detention for a period not exceeding fourteen days.

(2) Any person arrested under such warrant may be detained in the mustody of any officer referred to in the said warrant, whether by a specific or by a general description. and may be transferred from the enatody of such officer to that of any other such officer as often a way be desirable.