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Power of
officer
13. (1) The Immigration Officer or any police Immigration authorised by him in writing in that behalf, either generally or
for a particular occasion, may-
Officer.
の
Immigration Officer may release detained person on
his entering into a recogni
zance with or without sureties.
(a) detain for four days for further inquiries any person concerning whom he has reason to believe that further inquiries should be made;
(b) arrest and bring before a magistrate any person whom he has reason to suspect of having contravened or attempted to contravene any of the provisions of this Ordinance;
(c) search the person and property and effects of any person whom it is lawful for such officer to detain or arrest or who arrives in or is about to leave the Colony: Provided that a female shall be searched by a female, and that no person shall be searched in a public place if he objects to being so searched;
(d) search any place or vessel not being a ship of war aircraft, train or vehicle, in which such officer has reason to suspect that there may be anything which may be evidence of any contravention or intended contravention of any of the provisions of this Ordinance, or which may belong to or be in the possession of or under the sole or partial control of any person whom it is lawful for such police officer to detain or arrest;
(e) seize, remove and detain anything which appears to be evidence of any contravention of the law or which it is desirable to detain for further examination or which appears to belong to or to be in the possession of or to be under the sole or partial control of any person whom it is lawful for such police officer to detain or arrest.
(2) Such officer may—
such place;
(a) break open any outer or inner door of or in any
(b) forcibly enter any such vessel, aircraft, train or vehicle and every part thereof;
(c) remove by force any person or material obstruc- tion to any arrest, detention, search, seizure or removal which he is empowered to make;
(d) detain every person found in such place or on board such vessel, aircraft, train or vehicle until such place or vessel, aircraft, train or vehicle has been searched.
(3) No person shall obstruct any detention, arrest, search, seizure or removal which is authorised by this Ordinance.
14. The Immigration Officer may in the exercise of his discretion release a person detained under this Ordinance upon his entering into a recognizance with or without sureties, for a reasonable amount to appear before the Immigration Officer for further inquiries at the time and place mentioned in such recognizance or in the case of the person detained being a person recently arrived in the Colony for the return of such person to the place whence he came. The liberty granted after recognizance
7
shall be subject to such conditions of residence and report as the Immigration Officer thinks fit.
15. The Immigration Officer may by order, notice or otherwise Conditional impose such conditions either general or special in or upon the landing or occasion of or subsequent to any permit granted to an immigrant entry. to enter, whether for the purpose of residence, sojourn or transient visit or for transhipment at a port in the Colony and may at any time vary or add to these conditions as he thinks fit.
16. A master of a vessel may use all reasonable means, Master of including force and restraint, to secure the continued presence on vessel may board of any person who has not been permitted to enter and while detain by such person is so detained he shall be deemed to be in legal custody.
force.
Crew.
17. Any person on board a vessel or aircraft who falsely False repre- represents himself to be a member of the crew and any member sentation as of such crew who aids and abets or otherwise connives at such member of a false representation may be arrested without a warrant and shall be liable on summary conviction to imprisonment for a period not exceeding twelve months or to a fine not exceeding two thousand dollars.
PART II.
PASSPORTS AND TRAVEL DOCUMENTS.
Prohibition of entry without
18. No person may enter the, Colony without either-
(a) a valid travel document which establishes the identity valid and nationality of the holder and authorises him to travel to and documents. to enter the Colouy, issued and endorsed, in the case of a British subject and British protected person by a competent British official, and in other cases by an official having authority to issue and endorse such document in respect of the person in question; or
(b) a valid Entry Permit, Certificate of Residence or Frontier Pass issued under this Ordinance:
Provided that the Immigration Officer may waive the requirements of this section in respect of a child under the age of 16 years or a person or class of person.
19. The possession of valid travel documents shall not be Possession of deemed to imply that the holder will be permitted to enter as of valid docu- right, nor, if he is permitted to enter, that he will be permitted ments vests no to remain; nor shall it serve as an excuse for disobedience of any right to enter. order of removal, deportation, expulsion or banishment made under any enactment for the time being in force.
20. No travel document shall be deemed to be valid unless Validity of it bears-
(a) an indication, either specific or in general terms, not otherwise invalidated by any other endorsement, that it is valid for Hong Kong; and
documents.
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