fit.
peace, order or good government of the Colony be deported the Governor in Council may make a deportation order against the defendant for any term which he may think If the Governor in Council declines to make any deportation order the defendant, if in custody, shall be dis- charged from custody as regards the deportation proceed- ings in question.
(8) Notwithstanding any duties or powers imposed or conferred by or under this Ordinance on the Secretary for Chinese Affairs or on any other person, the Secretary for Chinese Affairs shall be entitled as a member of the Executive Council to take in connexion with any such consideration as is referred to in sub-section (7) as full a part in all respects as if no such duties or power had been imposed or conferred.
(9) Any deportation order made under this section may Schedule. be in the form provided in the Schedule as Form No. 1, Form No. 1. and shall specify the period during which the order is to apply, the time within which the defendant must leave the Colony, the provision under which the order was made, and the grounds upon which the order was made.
PART II.
5.-(1) Subject to the provisions of sub-section (5), if Claim to the defendant in any deportation proceedings claims to British have been a British subject at the commencement of such nationality. proceedings, and if such clain is not admitted by the Governor, such claim shall he heard and determined by a judge in chambers in the manner provided in section 6.
(2) If the defendant in any deportation proceedings claims to have been a British subject at the commencement of such proceedings, and if such claim is admitted by the Governor, it shall be lawful for the Governor either to order that the deportation proceedings be discontinued and that the defendant be discharged from custody as regards the said proceedings or to order that the deportation proceedings be continued.
(3) If in any case falling under sub-section (2) the Governor orders that the deportation proceedings be con- tinued, the matter shall be heard and determined by a judge in chambers in the manner provided in section 7, in the same way as if a judge had certified under section 6 that in his opinion the defendant's claim that he was a British subject at the commencement of the deportation proceedings had been established.
(4) In any case falling under this section which is required to be heard and determined by a judge in chambers in the manner provided in section 6 or section 7, the execution of any deportation order which shall have already been made against the defendant shall be suspended pending the proceedings contemplated in section 6, or in section 6 and section 7, as the case may be.
(5) This section shall not apply in the case of—
(a) any person who has been imprisoned in Hong Kong in pursuance of a sentence imposed by His Majesty's Supreme Court for China; or (b) any person who was deported from Hong Kong by virtue of a deportation order made under this Ordinance, or under the Deportation Ordi- Ordinance nance, 1917, and who, in the opinion of the No. 25 of Governor in Council, has acquired British 1917. nationality after the making of such deportation order, or who does not claim to have acquired British nationality before the making of such order.
6.—(1) If any claim by a defendant that he was a Procedure British subject at the commencement of the deportation for deter- proceedings is not admitted by the Governor, and if the mination of Governor thinks that there are prima facic reasons for British continuing the deportation proceedings, he shall refer the nationality.
claim to
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