1961-HKRS30-8-52_Part01 — Page 59

Claim not to be an alien.

Functions of Tribunal

(Cap. 240)

Functions of Governor in

9. (1) Where any person whose case falls to be dealt with under these regulations (hereinafter referred to in this regulation as the claimant) claims that he is not an alien, the Secretary for Chinese Affairs shall investigate such claim.

(2) For the purposes of these regulations, the onus of proving the a claimant is not an alien shall be on the claimant.

(3) If the Secretary for Chinese Affairs is of the opinion that the claimant is not an alien, he shall report his opinion to the Colonial Secretary,

(4) If the Secretary for Chinese Affairs is of the opinion that the claimant is an alien, be shall report his opinion to the Tribunal having cognizance of the case which may adopt such opinion or may itse make such further investigation of the claim as it thinks desirable, and in either event the Tribunal shall embody its own opinion in its repon on the case to the Governor in Council under paragraph (2) of regula tion 10.

10. (1) It shall be the duty of a Tribunal to enquire into any cas || referred to it under regulation 6 and—

(a) where the case was referred to it under paragraph (1) of the

regulation, to advise the Governor in Council-

(whether or not there are good grounds for the issu under the Deportation of Aliens Ordinance of a deportation order against the person concerned; and

(ii) whether or not it would be contrary to the public u terest that such person should be at large in the Colony if his deportation is impracticable; and

(b) where the case was referred to it under paragraph (2) of that regulation, to advise the Governor in Council whether or ad it would be contrary to the public interest that the pers against whom the deportation order is in force should be at large in the Colony if his deportation is impracticable.

(2) A Tribunal shall embody its advice in a report to be mak to the Governor in Council.

11. (1) Upon consideration of the report of a Tribunal on a cas referred to the Tribunal under paragraph (1) of regulation 6, the Council upon Governor in Council shall determine-

consideration

of report of Tribenal. (Cap. 240).

(a) whether or not to issue a deportation order under the Deporia-

tion of Aliens Ordinance against the person concerned; and

(b) where a deportation order is issued, whether or not it would be contrary to the public interest that the person concerts should be at large in the Colony if his deportation impracticable.

(2) Upon consideration of the report of the Tribunal on a case referred to the Tribunal under paragraph (2) of regulation 6, the Governor in Council shall determine whether or not it would be con- trary to the public interest that the person against whom the deportation order is in force should be at large in the Colony if his deportation is impracticable.

(3) This regulation is not in derogation of subsection (1) or (2) of section 3 of the Police Supervision Ordinance, 1956.

12. (1) Where—

(a) the person against whom a deportation order is in force is one of those persons whose deportation is declared to be impracticable by a declaration for the time being in force under regulation 4; or

(b) the Governor in Council is otherwise satisfied that the deporta- tion of the person against whom a deportation order is in force is impracticable; and

(c) under regulation 11, the Governor in Council has determined that it would be contrary to the public interest that such person should be at large in the Colony if his deportation is impracticable,

the Governor may make an order directing that such person be detained until he is satisfied that the deportation of such person is practicable of that the release of such person in the Colony can be tolerated.

(2) A detention order may be in the prescribed form and shall be signed by the Clerk of Councils.

(3) The Commissioner of Police shall cause a copy of a detention order to be served upon the person to whom it relates as soon as practicable.

(4) A detention order signed by the Clerk of Councils, or a copy of a detention order certified by the Clerk of Councils to be a true copy, shall be conclusive evidence for all purposes that the order was validly made in relation to the person named therein on the date specified therein, and, until the contrary is proved, any document that purports to be a detention order and to be signed by the Clerk of Councils, or any document that purports to be a copy of a detention order and to be certified by the Clerk of Councils to be a true copy. shall be deemed, respectively, to be a detention order signed by the Clerk of Councils or a copy of a detention order certified by the Clerk of Councils to be a true copy.

(12 of 1956),

Detention orders.

Tribunal.

13. (1) The procedure of a Tribunal in the carrying out of its Procedure of functions shall be in accordance with any rules made under para- graph (2), or where no such rule is applicable, as a Tribunal may in any particular case determine.