Appointment
of Deportation Tribunal.
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may adjourn the proceedings and, if such person is not detained pursuant to the sentence or order of any court, may remand such person in custody.
(3) In determining whether or not to recommend that a deportation order be made against any person, a court shall bave regard to any representations which may be made by or on behalf of such person and in particular to any evidence which such person may adduce as to his character or circumstances.
(4) Notwithstanding any rule of practice restricting the matters which ought to be taken into account in dealing with an offender who is sentenced to imprisonment, a recommendation for deportation may be made in respect of an offender who is sentenced to imprisonment for life.
(5) A recommendation that a deportation order be made against a person shall be treated as a sentence for the purpose of any Ordinance providing an appeal against sentence, and where a court recommends or purports to recommend that a deportation order be made against a person, the validity of the recommendation shall not be called in question except on an appeal against the recommendation or the finding of guilty on which it was made.
(6) A deportation order shall not be made on the recom- mendation of a court so long as an appeal or further appeal is pending against the recommendation or against the finding of guilty on which it was made; and for this purpose an appeal or further appeal shall be treated as pending (where one is competent but has not been brought) until the expiry of the time for bring- ing that appeal.
(7) A person shall be treated as an adult for the purposes of this section if he is of or over the age of sixteen years.
22. (1) Where it is proposed that--
(a) a removal order should be made under section 19(1Xc) against an immigrant who is a United Kingdom be- longer, or
(b) a deportation order should be made against a United
Kingdom belonger or a Chinese resident.
and the Governor has not certified that the departure from Hong Kong of such person is necessary in the interest of the security of Hong Kong or for political reasons affecting the relations of Her Majesty's Government in the United Kingdom with another
A
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country, the Chief Justice shall, on application by the Attorney General, appoint a Deportation Tribunal to hold an inquiry under section 33.
(2) Every Deportation Tribunal shall consist of a judge or a district judge, who shall be the president of the Tribunal, and two other members selected by the Chief Justice from the panel appointed under subsection (3).
(3) The Governor may appoint such person as he thinks fit to be members of a panel for the purposes of this section.
23. (1) A person in whose case a Deportation Tribunal is to hold an inquiry under this section shall, not less than seven days before the day appointed for the holding of the inquiry, be served with a notice in writing-
(4) notifying him that a Deportation Tribunal is to hold such inquiry and of the day on which it will be held; and
(b) containing a statement of the ground on which it is proposed that a removal order or a deportation order should be made.
(2) Every inquiry under this section shall be held in cham- bers and the practice and procedure on the inquiry shall be such as may be prescribed.
(3) The Deportation Tribunal shall, after inquiry in accord- ance with this section, make a report to the Governor setting out its findings of faci and, if it sees fit, stating whether or not in its opinion a removal order or a deportation order should be made.
PART VI.
SUPPLEMENTARY PROVISIONS AS TO REMOVAL AND DEPORTATION,
24. (1) Where a person is to be removed from Hong Kong under section 18 in a ship or aircraft, an immigration officer may give directions
(a) to the captain of the ship or aircraft in which that person arrived in Hong Kong requiring him to remove that person from Hong Kong in that ship or aircraft;
(b) to the owners or agents of the ship or aircraft in which that person arrived in Hong Kong requiring them to remove that person from Hong Kong in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents;
Inquiry by Deportation Tribunal
Removal by immigration officer under section LB.
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