1947-HKRS29-8-14_Part04 — Page 3

Decision of Governor in Council to be final

Arrest of returning collaborator

Saving.

Ordinnnen No. 7 of 1200. Ordonnee No. 30 of 1935,

L'ammence.

Theotion and Saving.

4-

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 be, 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 found in the Colony without a permit issued by or on behalf of the Governor authorising his presouce 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 ho 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.

(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 în order that further inquiry may be made or the arrangements for surrender completed,

(4) Any arrest 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 after such arrest was made.

13. Nothing in this Ordinance shall be construed as derogating from any anthority to order the surrender of a fugitive criminal under the provisions of the Chinese Estra- dition Ordinance, 1889, or to order the deportation of any alien under the provisions of the Deportation of Aliens Ordinance, 1935.

14. This Ordinance shall be deemed to have come into force on the 1st May, 1947, and shall continue in force until the 31st October, 1947: Provided that the expiration of this Ordinance shall not affect the validity of any warrant or order made hereunder and that any proceedings (including any warrant, order or stop authorised to be inade, issued or taken herunder pursuant or subsequent to or consequent upon any such first-mentioned warrant or order) may be instituted continued or enforced in like manner and with the like effect and validity as if this Ordinance had not expired.

Passed the Legislative Council of Hong Kong, this 10th day of July, 1947,

Alastair Rockl

Deputy Clerk of Councils.

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SCHEDULE

FORM NO. 1

(S. 3]

Form No. 1.

The Chinese Collaborators (Surrender) Ordinanco, 1947. ORDER FOR SURRENDER

COUNCIL CIIAMBER, VICTORIA, in the Colony of HONG KONG the

day at

1947. WHEREAS the following Chinese authority, namely

has by application to the Governor in Council requested that.

should be surrendered under the provisions of the Chinese Collaborators (Surrender) Ordinance, 1947.

AND WHEREAS it appears to the Governor in Council that the said

should be no surrenderal;

The Governor in Council doth hereby by virtue of the said Ordinance order that the above named person be surrendered to the above mentioned Chinese authority or to any dalagate of such authority recognised by the Governor.

This Order is made under sention 1 of the Chinese Collaborators (Surrender) Ordinance, 1947.

FORM NO. 2

Clerk of Councile.

[8. 4 (1)]

1

Porta No. 2.

The Chinese Collaborators (Surrender) Ordinance, 1947. WARKANT FOR ARREST AND DETENTION

Hour Hour.

To the Commissioner of Police and to each and all of the police officers of the Colony and to the Superintendent of Prisons.

WHEREAS it has been made to appear to me that there are reasonable grounds for inquiry as to whether

should be surrendered under the provisions of the Chinese Collaborators (Surrondor) Ordinonce, 1947, and that the detention of the above named person is desirable:

These are therefore to commoud you to arrest the salð

and to detain him for a period of fourteen days from the day on which he is arrested, including the day of arrest,

DATED the

************

day of

Governor.

1947.