1949-HKRS29-8-16_Part03 — Page 31

Authenticated Laws 確真本香港法例 All

Order of release.

Detention and remand pending prescribed inquiry..

Order of expulsion to be final and conclusive subject to revocation by the

Governor,

Power of entry and search.

Power to make regulations.

9.

If after the prescribed inquiry a competent authority does not record a finding that an individual to whom the inquiry relates is an undesirable the competent authority shall forthwith order that such individual shall be released from any custody or detention in which he may be under the provisions of this Ordin- ance, Such release shall not be a bar to any subsequent inquiry under this Ordinance or to the making of an order of expulsion in consequence thereof.

18. (0) Notwithstanding the provisions of secton 7 it shall be unlawful to detain any individual who is deemed to have been taken into lawful custody thereunder for longer than an initial period of ninety-six hours and such further period or periods as a competent authority may by writing under his hand order under sub-section (2) and, in the event of an order for the expulsion of such individual being made, for such additional period as in the absolute discretion of the Commissioner of Pulice is reasonably required to carry out the order of expulsion.

(2) A competent authority is hereby authorized from time to time to order the further detention of a suspected undesirable for such period or periods not exceeding seven days at one time as shall in the opinion of the competent authority be necessary for holding in respect of such suspected undesirable the prescribed inquiry.

11.

An order of expulsion shall be final and conclusive for all purposes whatsoever : Provided that it shall be lawful for the Governor in any particular case to revoke an order of expulsion or to declare generally that all orders of expulsion made hereunder with such exceptions (which may be expressed by reference to a class or classes of individuals or to grounds of undesirability) as he shall specify, shall be revoked.

12. It shall be lawful for any justice of the prace or police officer duly authorized by warrant of any justice of the peace with such assistants as may be necessary, to enter and, if necessary to break into any place in which it appears, from information given to such justice or of his own knowledge, there are undesirables or suspected undesirables,

13. The Governor in Council may make regulations not inconsistent with the provisions of this Ordinance providing for- (a) the management control hygiene and sanitation of any accommodation camp;

(b) the conduct to be observed by undesirables and suspected undesirables whilst they are detained in any accommo→ dation camp;

(c) the manner in which and the conditions under which any order of expulsion is to be carried into effect;

(d) the forms to be used for any of the purposes of this Ordinance; and

(e) generally for carrying this Ordinance into effect,

14. resolution-

(1) It shall be lawful for Legislative Council by Power to

suspend operation

of the

(a) from time to time to declare the suspension of Ordinance. the operation of this Ordinance from the date named in the resolution; and

(b) from time to time to declare that any suspension declared under paragraphi (u) hereof shall terminate as from the date mentioned in the resolution.

(2) The suspension of this Ordinance under paragrophi (2) of sub-section (1) shall until the termination of such suspension but without prejudice to section it have the same effect as the repeal of an enactment,

(3) The termination of the suspension under paragraph (b) of sub-section (1) shall have the same effect as if the Ordinance had been re-enacted and conte into operation on the date as from which the suspension is declared to terminate save and except that any regulations which were in force at the date when the suspen~ sion, which has thus been terminated, came into effect, shall revive and continue to have full force and effect,

Passed the Legislative Council of Hong Kong, this grst day of August. 1949.

Clerk of Councils.

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