1949-HKRS30-8-39_Part04 — Page 46

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(b) be conducted across the frontier or placed on board a ship by any member of His Majesty's regular forces, or local naval, military or air force, corps or reserve, or by any police officer, or migration Officer, Deputy Immigration Officers and Immigration Control Officers, and may be lawfully detained on board so long as such ship is within the territorial waters of the Colony,

(4) An order for detention made under sub-regulation (1) of regulation 31 hereof in respect of a person who has been ordered to leave and remain out of the Colony under this re- gulation shall be suspended for the purpose of carrying out such order.

(5) Any person ordered to leave and remain out of the Federation of Malaya or the Colony of Singapore under any regulation or other enactment corresponding to this regulation in force in the Colony shall be deemed to have been ordered to leave and remain out of the Colony under this regulation and the provisions of this regulation shall apply to any such person accordingly, and any such person brought in custody to the Colony may be taken charge of by any police officer, Immigration Officer, Deputy Immigration Officers or Immigration Contro] Officers and may be detained in custody in such place or places as the Colonial Secretary, or any person authorized by him in that behalf, may direct, until he can conveniently be conducted across the frontier or placed on board a ship, and any such person may be lawfully detained on board so long as such ship is within the territorial waters of the Colony.

(G) Any person who has left the Colony in pursuance of an order made or deemed to have been made under this re- gulation who returns to or enters the Colony shall be guilty of an offence and shall on summary conviction be liable to im- prisonment for three years, and, whether or not a prosecution under this sub-regulation has been instituted against him, may be detained in custody and conducted across the frontier or placed on board a ship under the original order made, or deemed to have been made, against him under this regulation.

(7) Any person ordered, or deemed to have been ordered, to leave and remain out of the Colony shall, while de- tained or in the custody of a member of His Majesty's regular forces, or local naval, military or air force, corps or reserve, of any police officer, or Immigration Officer, Deputy Immigration Officers or Immigration Control Officers, be deemed to be in lawful custody.

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(8) Any order made against any person under sub- regulation (1) of this regulation shall be in writing, signed under the hand of the Clerk of Councils.

33. (1) In this regulation, "residents" includes any person Inhabitants found residing in any village, area or district, when effect is of certain areas may given to an order of detention made under sub-regulation (2) be ordered of this regulation.

lo leave the Colony.

(2) In any case where the Governor has reasonable cause to believe that the residents, or any portion thereof, in any village, area or district—

(a) have aided and aberred or have consorted with or harboured any person whom they knew or had reasonable cause to believe to be a person who had recently acted or was acting in a manner prejudicial to the public interest; or

(b) have suppressed or combined to suppress evidence of the commission of any offence against regulation 116 and regulation 118 bereof; or

(c) have persistently failed to give information to a member of His Majesty's regular forces or local naval, military or air force, corps or reserve or to a police officer of the presence in such village, area or district of any person who had recently acted or was acting in a manner prejudicial to the public interest; he may, by order under his hand, direct that the residents of such village, ares or district or any portion thereof shall be detained in custody.

(3) The Governor may exempt any person or class of persons from the operation of any order made under sub-regulation (2) of this regulation.

(4) Where an order has been made under sub-regulation (a) of this regulation, the Governor in Council may order the persons subject to such order to leave and remain out of the Colony: Provided that no such order shall apply to any British subject born in the Colony.

(5) Where, after an order under sub-regulation (2) of this regulation has been made, any person whether exempted under sub-regulation (3) of this regulation or not is found residing In any village, area or district to which such order refers, without the written authority of the police officer in charge of such village, district or area, the Colonial Secretary may, by order under his hand, direct that such person be detained in custody and the provisions of this regulation shall then apply to such person.