CO129-530-9 Deportation Amendment Ordinance- 1931 2-4-1931 - 14-12-1931 — Page 28

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

from the prison first referred to, provided that such warrant or other authority shall be still current, or, if such first mentioned warrant or other authority shall be no longer current, there to be detained under the order issued under this sub-section so long as such order shall be current, or there to be detained under any other lawful warrant or authority.

arrest.

9. So soon as conveniently may be after the issue of Service of any deportation order made under this Ordinance, the deportation Inspector General of Police shall cause a copy of such order and deportation order to be served on the defendant, and the defeudant shall be then taken into custody if on bail or otherwise at large and if already in custody the defendant shall remain in custody and shall be in either case deemed to be under lawful arrest and in lawful custody until he leaves the Colony.

10.-(1) Whenever a deportation order shall have been Power to issued under this Ordinance, it shall be lawful for the order that a

deportee shall Governor, if he considers it desirable to do so, by order depart by a under the hand of the Colonial Secretary, to do all or any particular of the following things:-

train or ship.

(a) to order that the defendant shall depart from the Colony by a particular train, or by a particular ship, whatever the immediate or ultimate destination of the said ship;

(b) in case it may in the opinion of the Governor be impracticable or inexpedient that the defen- dant should depart from the Colony by any train or ship by which he has been ordered to depart, to substitute as often as may be neces- sary another train or ship as the train or ship by which the defendant shall depart from the Colony;

(c) to extend from time to time the date on or before which the defendant must leave the Colony :

Provided that where extradition proceedings have been previously taken against the defendant, and the said pro- ceedings have resulted in the discharge of the defendant either by a magistrate or by the Supreme Court on habens corpus, nothing in this sub-section shall be construed as empowering the Governor to order the defendant to leave the Colony by any ship the immediate destination of which is a place in the territory of the state by which the sur- render of the defendant was demanded, or otherwise to compel the defendant to enter the territory of such state.

(2) Any order made under sub-section (1) shall be suffi- cient authority to all police officers and to the master and crew of the ship to use within the Colony and the waters thereof such force and restraint as may be necessary in order to carry ont such order.

(3) Any order made under this section may be indorsed on the deportation order and may be in the form provided in the Schedule as Form No. 13, or as the circumstances Schedule. may require.

Form No. 13.

11.-(1) Every person banished from the Straits Settle- Certain ments, or from any State in the Malay Peninsula which persons

prohibited is for the time being under the protection of the British from being Government, or from the State of North Borneo, is hereby within the prohibited from being in the Colony during the term of Colony. such banishment unless he shall have obtained the written permission of the Governor under the hand of the Colonial Secretary to be in the Colony.

(2) Any such permission may be revoked by the Governor by writing under the hand of the Colonial Secretary served on such person, and upon such revoca- tion being communicated to such person, or upon such permission expiring, the provisions of this section shall apply as though such permission had not been obtained,

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