1961-HKRS30-8-52_Part02 — Page 2

(17 of 1954),

(Cap. 240).

8

(2) The Prisons Ordinance, 1954, and the Prison Rules, 195 except such provisions thereof as are inconsistent with these regulations. shall apply, so far, in the case of the Prisons Ordinance, 1954, as it s applicable, to the detention of detained persons as they apply to persons detained in prison under the Deportation of Aliens Ordinance, au as if for the word or words in the first column of the Table hereunde there were substituted the word or words opposite thereto in the scoord column of the said Table incorporating such grammatical variation thereof as may be required.

First columu,

TABLE.

Second column.

Superintendent

officeT

place of detention

detained person

Commissioner

officer of the prison

officer of the Prisons Department

prison officer

prison

commence-

25. Where any person is, at the commencement of these regula- Persons tions, detained under a detention order made under the Emergency demained at (Detention Orders) Regulations, 1956, he shall be deemed for all ment of these purposes to be in lawful custody under a detention order lawfully made regulations. under these regulations, and these regulations shall apply to that person (G.NA and that detention order:

104/56).

Provided that, for the purposes of review by the Tribunal under regulation 15, the period of twelve months shall be calculated from the date of the last review under regulation 7 of the Emergency (Detention Orders) Regulations, 1956.

Zó, All appointments made under regulation 8 of the Emergency Saving of (Detention Orders) Regulations. 1956, that are extant at the commence- appoint- ment of these regulations shall be deemed to have been lawfully made under regulation 19 of these regulations.

(G.N.A. 104/56).

27. The Emergency (Detention Orders) Regulations, 1956, and the Revocation. Emergency (Review of Detention Orders) Rules, 1956, are revoked,

(G.N.A. 104/36 and

Descar

A. 108/56).

Clerk of Councile:

Discipline of officers, cuc

prisoner

the Medical Officer

..

a medical officer authorized by the

Superintendent.

21. Any officer of the Prisons Department who is an officer appointed under regulation 19 and any other person employed in a plac (17 of 1954, of detention shall be subject to Part V of the Prison Rules, 1954, (which relate to the discipline of officers of the Prisons Department and person in prisons) in all respects as if the place of detention were a prison ani the persons detained therein were prisoners.

Schedule).

Detained

persons not hable to

chgage in compulsory work.

Power of

Governor to

prescribe form of

instruments.

Deportation

22, (1) No detained person shall be required to engage in work (2) Detained persons may receive payment for voluntary work it accordance with rates to be approved by the Governor,

23. The Governor may by order prescribe the form of any instru ment that may under these regulations be in the prescribed form.

24. For the avoidance of doubt, it is hereby declared that, wher cases pending at the commencement of these regulations any person is detained und a warrant of arrest and detention issued under subsection (1) of section

at the com- OCOCCOCMI

of these regulations. (Cap. 2401.

4 of the Deportation of Aliens Ordinance or under a warrant for further detention issued under the said Ordinance, his case shall be dealt with under these regulations, unless the Governor certifies it as being unstic able to be so dealt with.

COUNCIL CHAMBER,

22nd May, 1962.

Explanatory Note.

(This Note is not part of the regulations, but is intended to indicate their general purport).

These regulations revoke and replace the Emergency (Detention Order) Regulations, 1956. Under the Deportation of Aliens Ordinance, Chapter 240. the Governor in Council may issue deportation orders against aliens in certain circonstances. The purpose of the 1956 Regulations was to provide an altema- tive course by enabling the Governor in Council to order the detention of a person liable to deportation where he was satisfied-

fa) that the enforcement of die deportation order would be impracticable

or unlikely to be effective, and

b) that it would be contrary to the public interest that the person con-

cerned should remain at large in the Colony,

These new regulations empower the Governor to order the detention of a Person against whom a deportation order is in force, but only after consideration by the Governor in Council of the advice tendered by an Advisory Tribunal on the question whether or not it would be contrary to the public interest that such person should be at large in the Colony if bis deportation is impracticable.

* Regulation 3 provides for the setting up of an Advisory Tribunal (or if Sircumstances warrant, several Tribunals) to bo presided over by a qualified lawyer appointed by the Chief Justice with members drawn from a lay panel. By regulation 6(1), the Commissioner of Police is required to refer every deporta- on case (save where it is certified by the Governor as being unsuitable to be dealt with under these regulations) to 3 Tribunal, and similarly by regulation 6(2), where a deportation order is in force at the commencement of these regulations, proposals for detention in lieu of deportation have to be referred to a Tribunal.