1949-HKRS28-8-16_Part03 — Page 36

Nature of prescribed inquiry.

Ordinance

No. 41 of 1932.

5. (1) The prescribed inquiry shall be an inquiry into the malters by reason whereof it is alleged that a person is undesirable and shall be held by the competent authority in an authorized place in the presence of the alleged undesirable,

(2) Such inquiry shall save so far as the contrary herein- after appears be held in accordance with the procedure prescribed for the trial of summary offences under the Magistrates Ordinance,

1932.

(3) No information or sunimons shall be required and the inquiry shall commence with the competent authority inform- ing the alleged undesirable of the reasons for such allegation and of the consequences of a finding by the competent authority that he is an undesirable.

(4) The competent authority shall then ask the alleged undesirable whether he admits the allegations or whether he wishes the competent authority to inquire further therein.

(5) If the alleged undesirable admits the allegations the competent authority may in his discretion proceed forthwith to make an expulsion order unless the alleged undesirable claims to be a British subject or to have been ordinarily resident in the Colony for a period of ten years. If any such claim is made the competent authority shall either inquire into such claim or, whether or not he has commenced to inquire into such claim, may refer any such claim to such other competent authority as the Governor may by any direction have specially designated to inquire into claims of the nature herein specified, in which latter event such other competent authority may deal with the proceed- ings in like manner as if the prescribed inquiry had been referred. to him in the first instance save that he may rely on any admission of the allegations duly recorded and signed by the competent authority before whom the inquiry was in the first instance com- inenced.

(6) If the alleged undesirable does not admit that he is undesirable or requests the competent authority so to do the competent authority shall proceed to hear and record a summary of the evidence in support of the allegations.

(7) The witnesses shall be examined by the competent authority subject to cross-examination by the alleged undesirable and further examination by the competent authority.

(8) No person shall be permitted to conduct, or appear otherwise than as a witness in, the proceedings: Provided that in addition to giving evidence and calling any witness in his defence the alleged undesirable shall be permitted to address the competent authority în his defence and provided further that if the comperent authority considers that the alleged undesirable does not understand the proceedings or is unable for any reason to conduct his own defence he may in his discretion appoint any person including any relative or friend of the alleged undesirable to conduct the proceedings on his behalf.

may

0. (1) The Governor in Council may in his absolute Governor discretion establish camps for the purpose of accommodating establish undesirables prior to their expulsion from the Colony and of camps for accommodating suspected undesirables.

detention of undesira- bles and (2) The establishment of such a camp shall during any

suspected undesira- period during which this Ordinance is in operation be deemed bies. to be a public purpose within the meaning of section 2 of the Crown Lands Resumption Ordinance, 1900, in like manner as Ordinance if a provision to this effect had been therein inserted.

No. 10 of 1900.

to detain

7. (0) Any police officer of and above the rank of sub- Fower of inspector may require an undesirable or a suspected undesirable police officer to accompany him to any accommodation camp or to any place and remove of detention and in the event of his refusal may use such force as is undesire-

bles and reasonably necessary to compel compliance with such requirement. suspected

undestro-

(a) An individuui who accompanies a police officer bles. whether voluntarily or not in pursuance of a requirement under the preceding sub-section shall be deemed for all purposes to have been taken into lawful custody on a charge of felony and to remain in such custody, save during any period during which he may have evaded it and not have been recaptured, until he is released therefrom by order of a competent authority or until he has been expelled from the Colony.

8. An order of expulsion shall have the effect of authorizing Effect of any police officer to arrest and detain the individual therein named order of

and do all such other acts as may be necessary to expel such expulsion. person from the Colony and it shall be an offence punishable on summary conviction by a magistrate with imprisonment for a term not exceeding three months for such individual to return to the Colony within five years from the slate of the order of expulsion.