CO537-1658 — Page 88

No. 7.]

CHINESE COLLABORATORS (SURRENDER).

[A.D. 1946.

A.D. 1946.]

CHINESE COLLABORATORS (SURRENDER).

[No. 7.

Power to make order for surrender,

Warrant for apprehension and detention.

"Collaborator" means a Chinese national for whose surrender an order has been made under this Ordinance.

"Enemy" means the Japanese State and any person or body of persons or authority acting or purporting to act or to be established under the authority of or in association with such State.

"Territory of the Republic of China" means the territory which, in the opinion of the Governor, is recognised from time to time by His Majesty's Government as forming part of the Republic of China.

"War" includes the hostilities between the Republic of China and Japan preceding the formal declaration of war by China upon Japan.

"War period" means the period between the 7th of July, 1937, and the 16th of August, 1945.

3. It shall be lawful for the Governor in Council upon the application of a Chinese authority, made in such form and accompanied by such documents and certificates as the Governor may from time to time require, to make an order for the surrender to such authority or any delegate recognised by the Governor of any Chinese national who, during the war period, has, in the opinion of the Governor in Council, done in any part of China any act or thing designed or cal- culated to benefit the enemy or hostile or detrimental to or designed or calculated to defeat, hinder or prejudice the cause of the United Nations or the prosecution of any war in which any of such Nations were engaged.

4. (1) The Governor may, whenever it shall appear to him that there are reasonable grounds for inquiry as to whether any person should be surrendered and that the detention of such person is desirable, issue a warrant authorising the arrest of such person and his detention for a period not exceeding fourteen days.

(2) Any person arrested under such warrant may be detained in the custody of any officer referred to in the said warrant, whether by a specific or by a general description, and may be transferred from the custody of such officer to that of any other such officer as often as may be desirable.

(3) The Governor may from time to time by warrant authorise the detention of a person already in custody for a further period of seven days from the date of the expiration of the previous warrant provided that the Governor is satisfied that the said person ought to be detained in order that further inquiry may be made or the arrangements for surrender completed.

(4) Whenever a warrant for detention has been made under this section without specifying in whose custody detention is to be carried out, the person arrested under such warrant may be detained in any place or building or portion of a building set aside for the purpose of a prison under section 2 of the Prisons Ordinance, 1932, and from time to time be moved therefrom and brought to and detained in any place as the Colonial Secretary may by any written or verbal direction direct.

order for

5. (1) So soon as conveniently may be after the issue Service of of an order for the surrender of a collaborator, the Commis- surrender. sioner of Police shall cause a copy of such order to be served on such collaborator.

(2) A collaborator shall be deemed to be under lawful arrest until the surrender is effected or until such time as he has been released in accordance with this Ordinance.

(3) The Colonial Secretary may, by the direction of the Governor, by order direct that a collaborator be surrendered to any person, whether specified by name or by the designation of his office, being a person recognised by the Governor as the delegate of a Chinese Authority. Any such order may be endorsed on the order for surrender and shall be sufficient authority to all police officers and to the master and crew of any ship in which the person may be carried to use within the Colony and the waters thereof such force and restraint as may be necessary in order to carry out such order.

6. No steps or proceedings other than those expressly Exclusion of specified in this Ordinance shall be necessary to the validity necessity for of any warrant or order made or purporting to have been expressly made under this Ordinance.

steps not

provided for.