1967-HKRS28-8-34_Part03 — Page 22

Repeal and replacement of section 49.

3. Section 49 of the principal Ordinance is repealed and replaced by the following-

"Director and other public officers to be subject to the Governor's directions.

Review of decisions of Director und ather public

officers.

49. (1) The Governor may give such directions as he thinks fit (either generally or in any particular case) with respect to the exercise or performance by the Director or any other public officer, other than a judge, a District Judge or a magistrate, of any powers, functions or duties under this Ordinance.

(2) The Director and every public officer stall, in the exercise or performance of any powers, func- tions or duties under this Ordinance, comply with any directions given by the Governor under sub- section (1).

49A. (1) Any person aggrieved by a decision. act or omission of the Director or of any other public officer taken, done or made in the exercise or per- formance of any powers, functions or duties under this Ordinance may--

(a) in the case of any person referred to in sub- section (3) not later than twenty-four hours from the time when he was informed of the decision, act or omission or when the deci- sion, act or omission became known to him (whichever is the earlier);

(b) in the case of any person other than a person referred to in subsection (3) within fourteen days of the date when he was in- formed of the decision, act or omission or when the decision, act or omission became known to him (whichever is the earlier) or within such further period as the Governor may allow in any particular case,

by notice in writing lodge an objection to the deci sion, act or omission with the Clerk of Councils.

(2) Save as provided in subsection (3), the Governor in Council shall consider every objection lodged in accordance with subsection (1) and review the decision, act or omission.

(3) Where an objection lodged in accordance with subsection (1) is an objection lodged by any person who entered the Colony

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(b) at a landing place or point of entry which is not authorized in accordance with sec- tion 12,

and who in the opinion of the Director of Immigra- tion or any assistant director of immigration has not been in the Colony for more than ten days, the Governor shall consider the objection and review the decision, act or omission.

(4) On consideration of an objection lodged in accordance with subsection (1), the Governor in Council or the Clovernor, as the case may be, may confirm, vary or reverse any decision, act or omission of the Director or any other public officer taken. done or made in the exercise or performance of any powers, functions or duties under this Ordinance or substitute therefor such other decision or make such other order as he may think fit.

(5) The Governor in Council may at any time of his own motion vary or reverse any decision, act or omission of the Director or other public officer, other than a judge, a District Judge or a magistrate, taken, done or made in the exercise or performance of any powers, functions or duties under this Ordin- ance or substitute therefor such other decision or make such other order as he may think fil

(6) For the removal of doubl, it is hereby de- clared that the lodging of an objection under this section shall not give the person by or on whose behalf it is lodged any right to enter or remain in the Colony pending the decision thereon of the Governor in Council or the Governor, as the case may be.

(7) Nothing in this section shall entitle any person to lodge an objection under this section 10 any decision, act or omission of the Governor, the Governor in Council or any court.".

This printed impression has been carefully compared by me with the Bill which passed the Legislative Council on the 20th day of September, 1967, and is found by me to be a true and correctly printed copy of the said Bill.

Have

Deputy Clerk of Councils.

(a) without the permission of the Director; or

(Secretariat CR 1/3231/63)