CO129-530-9 Deportation Amendment Ordinance- 1931 2-4-1931 - 14-12-1931 — Page 26

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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having regard to the length of residence in Hong Kong, family ties, occupation, or business interests, of the defen- dant, or having regard to any other circumstance which may appear to be relevant.

(15) If the judge certifies that in his opinion the defen- dant should be deported he shall also certify the period for which in his opinion the defendant should be deported.

(16) It shall be lawful for the judge in his discretion to add to any such certificate any facts, as to length of residence in Hong Kong, family ties, business interests, or otherwise, found by him in the course of the bearing and determination, which may appear to him likely to be relevant to the question of the deportation of the defendant, and also to refer in such certificate to any allegations or submissions made in the course of the hearing and deter- mination which may appear to him to be relevant to that question.

(17) A sealed copy of every certificate issued under this section shall forthwith be transmitted by the Registrar of the Supreme Court to the Colonial Secretary.

(18) If the judge certifies that in his opinion the defen- dant should not be deported the defendant, if in custody, shall, as soon as conveniently may he, he discharged from custody as regards the aforesaid proceedings.

(19) The Governor in Conncil shall take into considera- tion any such certificate in which the judge certifies that in his opinion the defendant should be deported, and upon such consideration the Governor in Council may make a deportation order against the defendant for any period not exceeding the period specified in such certificate, or may decline to make any deportation order. If the Governor in Council declines to make any deportation order the defendant, if in enstody, shall, as soon as con- veniently may be, be discharged from custody as regards the deportation proceedings in question.

(20) Any deportation order made under this section may be in the form provided in the Schedule as Form Schedule. No. 1, and shall specify the period during which the order Form No. 1.

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 III,

8.-(1) Whenever it appears to the Governor that Arrest for there are reasonable grounds for consideration or inquiry purpose of as to whether any person should be deported under this consideration Ordinance, it shall be lawful for him to issue a detention or inquiry. warrant in the form provided in the Schedule as Form Schedule. No. 7, authorising the arrest of such person and his deten- Form No. 7. tion for a period of fourteen days from the day on which such person is arreste 1, including the day of the arrest.

(2) Whenever it appears to the Governor to be desir- able that any person arrested by virtue of a detention warrant issued under sub-section (1) should be further detained for the purpose of consideration or inquiry as aforesaid, it shall be lawful for him, from time to time as often as he may think fit, to issue a warrant for the further detention of such person for a period of seven days from the day of expiration of the original detention warrant, or from the day of expiration of the current warrant for further detention, as the case may be, excluding such day. Such warrant for further detention may be in the form provided in the Schedule as Form No. 8, and Schedule. may relate to more defendants than one.

(3) Any person detained under any warrant referred to in this section may be detained in the custody of any police officer, or of any officer of the District Watchmen Force, or of the Superintendent of the House of Detention,

Form No. 8.

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