1947-HKRS28-8-14_Part04 — Page 2

Power to Take order for surrender.

Warrant for apprehension META Jetention,

Ordinance

1932.

Service of order for

surrender,

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time to time by Ilis Majesty's Government as forming part of the Republic of China."

"War" includes the hostilities between the Republic of China and Japan preceding the formal declaration of war by China upon Japan.

"War period" means the period between the 7th of July, 1937, and the 16th of August, 1945.

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3. It shall be lawful for the Governor in Council upon the application of a Chinese authority, made in such form and accompanied by such documents and certicutes as the Governor may from time to time require to make in order for the surrender to such authority or any delegate recognised by the Governor of any Chinese national who, during the war period, has, in the opinion of the Governor in Council, done in any part of China any act or thing designed or cal- culated to benefit the enemy or hostile or detrimental to or designed or calculated to defcat, hinder or prejudice the canes of the United Nations of the prosecution of any war in which any of such Nations were engaged.

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

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

(3) 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) Whenever a warrant for detention has becu made under this section without specifying in whose custody detention is to be carried out, the person arrested under auch warrant may be detained in any płace or building or portion of a building set aside for the purpose of a prison under section 2 of the Prisons Ordinance, 1932, and from time to time be moved therefrom and brought to and 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 Commis- sioner of Police shall cause a copy of such order to be served on such 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 order direct that a collaborator be sur- rendered to any person, whether specified by name or by the designation of his office, being a person recognised by the

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Governor as the delegate of a Chinese authority. Any such order may be endorsed on the order for surrender and shall be sufficient authority to all police officers and to the master and crow 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 beco made under this Ordinance.

7. (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 natood therein shall be discharged from custody.

(2) The release of any person under the provisions of sub-section (I) 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.

B. 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 verdiet or judgment accordingly and shall also be entitled to all costs of suit.

Exclusion of

ity for steps nut exparaly provided for.

order for melesne.

Ordinance No. 7 of 1889. Ordinance No. 39 of 1835,

Protection

of officers,

Forms.

9. The forms in the Schedule or forme to the like effect, with such variations and additions as the cireutustances Schade. 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 Evidence-

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 imnd 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 Ordin- ance 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 afore- said shall, until the contrary be proved, be deemed respectively to be such order, such certified copy or such certificate.