1946-HKRS29-8-13_Part01 — Page 21

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2

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 aspiration of the previous warrant provided that the Governor is satisfied that the said perdith'ought to be detained in order that further inquiry may be made or the arrangements 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 arrested tinder worth warrant way be detained in any place or building or portion of a building set garde for the purpose of a prison under section 2 of the Prisons Ordinance, 1933, and Trom time to time be moved therefrom and brought to sail 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 anch collaborator.

(2) A collaborator shall be deemed 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 under direct that a collaborator be surrendered to any person, whether specified by naine or by the designation of his office, being a person recognised by the Governor as the delegate of a Chinese Authority. Any such order 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,

6.

No steps or proceedings other than those expressly specified in this Ordinance shall be necessary to the validity of any warrant or order made or purporting to have been made under this Ordinative.

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(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 detailed 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 soy bar to any subsequent arrest, defention or proceedings under this Ordinance ar to the making of an order for surrender under the provisions of the Chinese Extradition Ordionice, 1889, or to the making of a déportation 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 defen- dant, on such proof as aforesaid, shall be entitled to a verdiet or judgment accordingly and shall also be entitled to all coats of auit.

9.

The forma in the Schedule or forms to the like effect, with such variations and additions as the circumstances inay, in the opinion of the Governor, require, may be used for the purposes florein indicated and instruments in those forms shall be valid and sufficient.

JO. In any proceedings whatsdevET---

(1) an order for surrender signed by the Clerk of Councils, or a copy of each 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 auch 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 Govetior or the Colonial Secretary is by this Urdinance anthorised 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.

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 he, 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 fonad in the Colony without a permit issued by or on behalf of the Governor authorising his presence in the Colony, maz be arrested without warrant by any officer of police and detained in police custody until the Governor's pleasure be known.

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(2) The Governor way, 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 daya (pending further investigation) in such custody as he may specify.

(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 person ought to be detained in order that further inquiry may be made or the arrangements for surrender completed.

(4) Any arrost 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 altar such arrest wes made.

13.

Nothing in this Ordinance shall be construed as derogating from any authority to elos- order the surrender of a fugitive criminal under the provisions of the Chinese Extradition Ordinaner, 1889, or to order the deportation of any alien under the provisions of the Deportation of Aliens Ordinance, 1935

14. This Ordinance aball continue in force until the 30th April, 1947: Provided that Expiration od the expiration of this Ordinance shall not affect the validity of any warrant or order made herunder and that any proceedings (including any warrant, order o step uuthorised to be made, issued or taken hereunder pursuant or subsequent to or consequent upon any such first-mentioned warrant or order) may be instituted continued or enforced in like minoper and with the like effent und validity as if this Ordinance had not expired.

SCHEDULE

FORM NO. 1

Low R

ORDER FOR SURRENDER

THE CHINESE COLLABORATORS (SURRENDER) ORDINANCE, 1948

Council Chamber, Victoris, in the Colony of Hong Kong the day of

.194.....

Whereas the following Chinese Authority, namely

bas by application to the Governor in Council requested that

[8. 8]

should be surrendered under the provisions of the Chinese Collaborators (Surrender) Ordin- auce, 1948:

And whereas it appears to the Governor in Council that the said

should be no surrendered:

The Governor in Council doth boreby by virtue of the said Ordinames 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, 1940.

Clerk of Councils