1949-HKRS28-8-16_Part01 — Page 23

Governor in Council empowered to

make

regulations.

Appsul to Governer in

Council.

of. Ordinoce No. 18 of 1935

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34. The Governor in Council may make regulations not inconsistent with the provisions of this Ordinance for--

(a) defining the powers and duties of Deputy Immigra- tion Officers and Immigration Control Officers;

(b) providing immigrants leaving the Colony with travel documents and providing immigrants cutering the Colony with Entry Permits, Certificates of Residence or Frontier Passes;

(*) appointing places of detention and providing for their regulation and management;

(d) prescribing ou immigration examination signal:

(c) providing for the furnishing of particulars, returns and photographs for the purposes of this Ordinance to the Registrar of Aliena and to the Commissioner of Police;

(/) exempting any person or class of person either unconditionally or subject to such conditions as may be specified from complying with all or any of the provisions of this Ordinance:

(7) prescribing forms and fees;

(h) generally to Carry out the provisions of this

Ordinance.

35. (1) Whenever any person is dissatisfied with the exercise of the discretion of any person to whom discretionary power is given under this Ordinance in respect of any not, matter, or thing, which is by this Ordinance made aubject to the exercise of the discretion of such authority, or with any action or decision of any such person either as to the carrying out of or the meaning of any of the provisions of this Ordinance, or whenever any of the provisions of this Ordinance are, owing to special conditions, undesirable, the person so dissatisfied may, unless proceedings have already been taken before a magistrate in relation thereto, appeal to the Governor in Council, who, if in his opinion the exercise of such discretion or such notion or decision requires modification, revocation, or setting aside, or such special conditions exist as render any such provision undesirable, may make such order in respect thereof as may be just.

The grounds of such appeal shall be concisely stated in writing, and the appellant may, if he so desires, he present at the bearing 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 doonments submitted by the respondent for the consideration of the Governor in Council:

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

(3) 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 question of law arising on any case stated as aforesaid, and shall remit 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 mandamur, injunction, prohibition, or other order shall be taken against the Governor in Conucil 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 ne if it had been an order of that court.

36. The Immigration Control Ordinance, 1940, and the Repeal of

ammonding the same are hereby repealed.

Legislation.

Registration of Persone Ordinance, 1939, and any Ordinance previous

Ordinance No. 3 of 1940.

Ordinance No. 12 of

1939.

37. This Ordinance shall come into force un such day as the Commcase. Governor aball notify by proclamation in the Gazette.

Phased the Legislative Council of Hong Kong, this 20th day of January, 1949.

J.L. Krward.

Deputy Clerk of Councils.

ment.