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 and may be transferred from the custody of such officer to any other such officer as often as may be desirable.
(3) So soon as conveniently may be after the arrest of any person under any such warrant, the Secretary for Chinese Affairs or one of the Assistants to the Secretary for Chinese Affairs, or a District or Assistant District Officer, shall interview the person so arrested and shall ask such person the questions set forth in Form No. 2 in the Schedule: Schedule Provided, however, that, if such person does not in answer to the fourth question in the said form say anything in answer to the charge preferred against him or give any reason why he should not be deported, it shall not be necessary for such person to be asked to answer the fifth, sixth and seventh and eighth questions in the said form.
(4) The officer who interviews such person may, in addition to the questions specified in the said form, ask him any other questions which such officer may think desirable for the purpose of elucidating his answers or for the purpose of directing his attention to any particular in the questions or allegations which appears to such officer to require a reply or further reply.
(5) If in answer to the eighth question the person expresses willingness to give evidence on his own behalf, his evidence shall be taken, but not on oath, by such officer, who may examine and cross-examine him and any witness to such extent as he considers reasonable.
(6) The officer who interviews such person shall take down in English, with or without the assistance of an interpreter and whether such interpreter be sworn or not, a full record of the answers given by the person interviewed to the questions asked him, and of the evidence (if any) given by him and such answers and evidence so taken down by such officer shall be read over to such person and may
if such person is willing so to do be signed or in other manner signified as correct by such person and by the interpreter if any be employed.
(7) The said officer shall place on record in a form. convenient for the consideration of the Governor in Council the reports on which the allegations in the fourth question were based, the statements of witnesses and other evidence adduced by such person and any further statements or evidence which it becomes necessary to adduce in consequence thereof and he may from time to time adjourn the proceedings for the purpose.
Form No. 2.
(8) So soon as conveniently may be thereafter the Secretary for Chinese Affairs shall transmit to the Colonial Secretary a report in Form No. 3 in the Schedule for the Schedule consideration of the Governor in Council.
(9) A magistrate may at any time after the conclusion of the interview referred to in sub-section (3) and after the examination of the witnesses called by the person in question, or at any previous time with the consent of the Secretary for Chinese Affairs, admit to bail any person in custody
Form No. 3.
14
No comments yet.
Private notes are available after approval.