Delention of persons of board ships or aircraft,
Detention
of person arrested under section 54(3)
General provisions as to detained persons.
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(2) A person may be detained under the authority of the Colonial Secretary-
(a) for not more than fourteen days pending the making of an application for a removal order in respect of that person; and
(b) for not more than a further fourteen days pending the decision of the Governor as to whether or not a removal order should be made in respect of that person.
(3) A person in respect of whom a removal order or a deportation order is in force may be detained under the authority of the Colonial Secretary pending his removal from Hong Kong under section 25.
33. (1) The captain of a ship or aircraft shall, if so required by an immigration officer or police officer, take such steps as may be necessary for preventing-
(a) a person who arrived in the ship or aircraft and has been refused permission to land in Hong Kong: or
(b) a person placed on board the ship or aircraft under
section 24(2) ár section 25(3),
from landing from the ship or aircraft before it leaves Hong Kong,
(2) For the purpose of preventing any such person from landing from the ship or aircraft, the captain of the ship or aircraft may detain that person in custody on board the ship or aircraft.
34. A person who is arrested under section 54(3) may be detained-
(a) by any police officer for the purpose of inquiries for not
more than forty-eight hours; and
(b) under the authority of the Colonial Secretary for not more than a further twenty-eight days pending the deci- sion of the Governor in Council as to whether or not the suspension of the deportation order made against him should be rescinded.
35. (1) Save as otherwise provided in this Ordinance, persons required or authorized to be detained by or under this Ordinance may be detained in such places as the Governor may by order direct; and the Governor may by order provide for the treatment of persons so detained.
(2) The Governor may direct that—
(a) a person required or authorized to be detained by or
under this Ordinance; or
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(b) persons of such class or description as he may specify. being persons required or authorized to be detained by or under this Ordinance,
may be detained in such other place as he may specify, and-
(i) a person in respect of whom such a direction has been
given; or
(ii) a person of any class or description in respect of which
such a direction has been given,
may be detained in such place.
(3) Without prejudice to any other Ordinance—
(a) any person detained by virtue of this Ordinance; and (b) any person who, being detained in pursuance of the sentence or order of a court, would otherwise be liable to be detained by virtue of this Ordinance, may be taken in the custody of an immigration officer or police officer to and from any place where his attendance is required for any purpose of this Ordinance.
(4) Any person required or authorized to be detained by or under this Ordinance may be arrested without warrant by an immigration officer or police officer; and any person who is
(a) detained by virtue of this Ordinance:
(b) being removed from one place in which he is detained by virtue of this Ordinance to another place in which he may be so detained; or
(c) being taken to any place in the custody of an immigra- tion officer or police officer in accordance with this Ordinance,
shall be deemed to be in lawful custody.
36. (1) As immigration officer and any police officer may require a person—
(a) who is detained under section 27, 28, 30, 32 or 34; or (b) who, being liable to be detained under any of those
sections, is not for the time being so detained.
to enter into a recognizance in the prescribed form in such amount and with such number of sureties as the Director or such police officer may reasonably require; and where a person who is so detained enters into such a recognizance he may be released.
(2) A person may be detained under section 27, 28, 30, 32 or 34 notwithstanding that he has entered into a recognizance pur-
Recognizance
as alternative Lo deleation.
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