1958-HKRS28-8-25_Part03 — Page 14

Power of

Governor in Council to make regu- lations.

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proceed to the examination of the matter and on proof that such thing, vessel or vehicle is liable to forfeiture under the provisions of this Ordinance shall condemn it.

(3) Where proceedings for forfeiture and condemnation are taken as aforesaid the magistrate may order delivery to the claimant of the thing, vessel or vehicle seized on security being given for the payment to the Immigration Officer of the value thereof in the case of condemnation.

(6) Notwithstanding the earlier provisions of this section it shall be lawful for the Governor in Council in his absolute dis- cretion to entertain by way of petition and give effect to any moral claim to or in respect of any thing, vessel or vehicle forfeited thereunder.

PART VIII,

General.

42. The Governor in Council may by regulation prescribe or provide for---

(2) the powers and duties of deputy immigration officers and

immigration control officers;

(b) requirements relating to documents for the purpose of travel, identification, entry or re-entry into the Colony, or residence, as the case may be, in respect of persons entering or leaving the Colony;

(c) places of detention and their regulation and management; (d) an immigration examination signal;

(e) the furnishing of particulars, returns and photographs for the purposes of this Ordinance to the Registrar of Aliens and to the Commissioner of Police;

() exemption of any person or class of persons, either un- conditionally or subject to such conditions as may be specified, from complying with all or any of the pro- visions of this Ordinance;

(g) forms and fees;

(k) generally, the carrying into effect the provisions of this

Ordinance.

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to the

43. (1) Any person, other than a person who is outside the Appeal Colony, who is dissatisfied with any decision made or which pur Governor ports to have been made under this Ordinance by a public officer, in Council, other than a judge of the Supreme Court, a judge of the District Court or a magistrate, may, within fourteen days of the date the decision was communicated to him, appeal therefrom by way of petition to the Governor in Council,

(2) On consideration of any such petition, the Governor in Council may confirm, revoke or modify the decision appealed against, and the decision of the Governor in Council shall be final.

(3) If on the consideration of any such petition, the Governor in Council desires the assistance of the Full Court on any point of law with a view to the determination of the petition, he may refer that point to the Full Court for its opinion therean, and the court shall consider the point so referred and furnish the Governor in Council with its opinion thereon accordingly.

(4) No legal proceedings whatsoever shall be taken against the Governor in Council in respect of anything done or omitted to be done in the excrcise of the powers conferred upon the Governor in Council by this section.

(5) Nothing contained in this section shall be deemed to prevent any person from instituting legal proceedings in respect of a decision of a public officer made or which purports to have been made under this Ordinance :

Provided however that--

(i) institution of such proceedings shall operate as an absolute

bar to any appeal to the Governor in Council; and

(ii) appeal to the Governor in Council shall operate as an absolute bar to the institution of legal proceedings.

44. The Immigrants Control Ordinance and the Passport Ordinance, 1952, are hereby repealed.

Passed the Legislative Council of Hong Kong, the 1st day of October, 1958.

Deputy Clerk of Counbils.

(Secretariat CR52/3231/48)

Repeal. (Cap. 243: 13 of 1952).