1971-HKRS28-8-38_Part04 — Page 40

Review of decisions of public officers.

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comply with any directions given by the Director of Immigration under subsection (1) in addition to complying with directions given by the Governor under section 51(1).

(3) Directions given under subsection (1) shall not be incon- sistent with directions given by the Governor under section 51(1),

53. (1) Any person aggrieved by a decision, act or omis- sion of any public officer taken, done or made in the exercise or performance of any powers, functions or duties under this Ordin- ance may by notice in writing lodged with the Colonial Secretary within the time prescribed in subsection (2) object to that decision, act or omission.

(2) An objection under subsection (1) shall be lodged within the period hereinafter specified after the person aggrieved was informed of the decision, act or omission or the same became known to him (whichever is the earlier), that is to say-

(a) within twenty-four hours, in the case of a person who, having committed an offence under section 38(1) (whether or not he has been convicted of that offence), has been in Hong Kong in the opinion of the Director for less than ten days;

(b) within fourteen days, in any other case,

(3) An objection under subsection (1) by a person referred to in subsection (2)(a) shall be considered by the Governor; any other objection under subsection (1) shall be considered by the Governor in Council.

(4) On consideration of an objection under subsection (1). the Governor or the Governor in Council, as the case may be, may confirm, vary or reverse the decision, act or omission of the public officer or substitute therefor such other decision or make such other order as he thinks fit.

(5) The Governor in Council may at any time of his own motion vary or reverse any decision, act or omission of any 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 thinks fil.

(6) Nothing in this section entitles a person to object under this section to any decision, act or omission of the Governor, the Governor in Council or any court or entitles the Governor in Council to review any decision, act or omission of a court.

(7) For the removal of doubt, it is hereby declared that the lodging of an objection does not give the person by whom or on

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whose behalf it is lodged any right to land or remain in Hong Kong pending the decision on the objection of the Governor or the Governor in Council.

54. (1) The Governor may suspend the deportation order made against any person on such conditions as be thinks fit, and during the continuance of the suspension the deportation order shall not be in force.

(2) The Governor in Council may rescind the suspension of a deportation order, whereupon the deportation order shall again be in force in respect of the person against whom it was made,

(3) Any police officer who has reason to suspect that a person has contravened any condition subject to which the depor- tation order made against that person is suspended may arrest such person.

(4) If a person who has been arrested under subsection (3) is charged with any offence, he shall be brought before a magis- trate within forty-eight hours after his arrest.

55. (1) The Governor in Council may rescind the deporta- tion order made against any person, but the rescission of the deportation order shall not affect the power of the Governor in Council to make another such order against that person.

(2) In lieu of making a police supervision order under section 3(2) of the Police Supervision Ordinance, the Governor in Council may, on rescinding the deportation order made against any person, require that person to enter into a recognizance in the prescribed form in such amount and with such sureties as the Governor in Council may specify,

(3) A requirement under subsection (2) shall be deemed for the purposes of the provisions of the Magistrates Ordinance relating to recognizances to be an order under section 61(1) of that Ordinance,

Suspension of deportation orders.

Rescission of deportation orders.

(Cap. 234.3

Скр. 227.1

56. (1) For the purposes of this Ordinance, an immigration Miscellaneous officer may-

powers of Immigration officers.

(a) board and search any ship, aircraft, vehicle or train which has arrived in Hong Kong (not being a ship of war or a military aircraft):

(b) search any person being examined under section 4(1), other than a person who has the right to land in Hong Kong by virtue of section 8(1), and any property belong- ing to such person or under bis control;