TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 254

Recovery of moneys due under

recognizance.

Repeals and amendments.

First Schedule.

Transitional provisions.

Second Schedule.

36

(iv) is an alien to whom section 12(1) or section 14(1) does

not apply;

(v) has been ordinarily resident in Hong Kong for three

years or more than three years;

(vi) is a citizen of the United Kingdom and Colonies who has been ordinarily resident in Hong Kong for a continuous period of not less than ten years;

(vii) is a person to whom section 33(1)(a) does not apply by virtue of an order under subsection (3) of that section,

the onus of proving the same shall lie on that person.

61. Any sum of money due under a recognizance entered into in accordance with a requirement under section 5(8) or section 31(1) may be recovered in the District Court as a debt due to the Crown.

62. The Ordinances specified in the First Schedule are amended in the manner specified therein.

63. The Second Schedule shall have effect for the pur- poses of transition to the provisions of this Ordinance from the provisions of the Ordinances hereby repealed.

FIRST SCHEDULE.

REPEALS AND AMENDMENTS.

Chapter.

Ordinance.

136

Mental Health Ordinance.

177

[s. 62.]

Registration of Persons

Regulations.

Repeal or amendment.

Section 53(2) is amended by deleting paragraph (ƒ) and substituting the following-

"(f) detained in any place by virtue of the Immigration Ordinance 1971.".

Regulation 20 is revoked.

1. Section 2 is amended by inserting

the following definition after the definition of "court"—

““deportation order" means a deportation order under the Immigration Ordinance

224

Police Supervision

Ordinance.

1971;".

Chapter.

Ordinance.

37

Repeal or amendment.

2. Section 3 is amended by deleting subsections (1) and (2) and substitu- ting the following-

"(1) Where the Governor in Council is satisfied that a de- portation order may be made against any person, he may, in lieu of making the deportation order, make a police supervision order against that person.

(2) When--

(a) the Governor

Council rescinds

in

the

deportation order made against any person; or

(b) the Governor suspends the deportation order made against any person, the Governor in Council may make a police supervision order against that person.".

3. Section 5 is amended by deleting subsection (4) and substituting the following-

"(4) If—

(a) a deportation order is made against a person against whom a police supervision order has been made; or

(b) a police supervision order has been made against a person on the suspension of the de- portation order made against him and the suspension is rescinded by the Governor in Council,

the police supervision order shall cease to have effect.".

4. Section 12 is amended by deleting subsection (3) and substituting the following-

"(3) A person who is pro- hibited from re-entering the Colony by virtue of subsection (2)(b) shall be deemed for the purposes of the Immigration Ordinance 1971 to be a person in respect of whom a deportation