TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 291

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

0003230

G.F. 323

CONFIDENTIAL

29

officer or police officer in accordance with this

Ordinance,

shall be deemed to be in lawful custody.

Recugni zance as alter- netive to detention.

31.

(1) An immigration officer and any police officer may

require a person

(a) who is detained under section 23, 24, 27 or 29; or

(b) who, being liable to be detained under any of those

sections, is not for the time being so detained,

to enter into a recognizance in the prescribed form in such amount

and with such sureties as the Director or such police officer may

specify; and where a person who is so detained enters into such

a recognizance he may be released.

(2) A person may be detained under section 23, 24, 27 or 29

notwithstanding that he has entered into a recognizance pursuant to a requirement under subsection (1); and where such person is

so detained otherwise than in consequence of or following a breach

of the recogni zance, the recognizance shall thereupon cease to

have effect.

Recovery of cost of maintaining person detained under s. 27(1).

32.

If a person who is detained under section 27(1) pending

his removal from Hong Kong under section 16 arrived in Hong Kong

in a ship or aircraft, the Director of Immigration may require

the owner of the ship or aircraft or his agent to pay to the

Government the expense incurred by it in maintaining that person

during his detention.

CONFIDENTIAL

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