TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 256

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

Section 17.

Section 18(1).

Sections 17(2) and 18(2).

Sections 20(2), 21(3) & 28.

Section 22.

Section 25(2).

Section 25(2).

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section 43(4) of the said Ordinance; and the provisions of this Ordinance shall apply accordingly.

12. Any order made in respect of a person under section 43(4) of the Immigration (Control and Offences) Ordinance shall, if in force im- mediately before the commencement date, continue in force and have effect for all purposes of this Ordinance as if it were a removal order made in respect of that person under section 17 of this Ordinance.

13. Any deportation order made against a person under the Deporta- tion (British Subjects) Ordinance or the Deportation of Aliens Ordinance and in force immediately before the commencement date shall continue in force and have effect for all purposes of this Ordinance as if it were a deportation order made under section 18(1) of this Ordinance.

14. Sections 17(2) and 18(2) shall have effect as if—

(a) the reference to permission to land in Hong Kong included a reference to permission to enter Hong Kong given under the Immigration (Control and Offences) Ordinance;

(b) the reference to authority to remain in Hong Kong included a reference to a permit of the Director granted under the Immigra- tion (Control and Offences) Ordinance.

15. A person who immediately before the commencement date is on board a ship or aircraft, having been placed thereon with a view to his removal from Hong Kong in accordance with the Immigration (Control and Offences) Ordinance, the Deportation (British Subjects) Ordinance or the Deportation of Aliens Ordinance or any order or requirement made or issued thereunder, shall be deemed to have been placed thereon under section 20(2) or section 21(3), as the case may be, and it shall be presumed that an immigration officer or police officer has made a requirement under section 28 of this Ordinance; and the provisions of this Ordinance shall apply accordingly.

16. Any person who immediately before the commencement date is detained under section 13(1)(a) of the Immigration (Control and Offences) Ordinance may continue to be detained under section 22 of this Ordinance.

17. A person who is being detained immediately before the com- mencement date-

(a) following his arrest on a warrant issued under section 5(3) of

the Deportation (British Subjects) Ordinance; or

(b) in accordance with the direction of a judge, court or magistrate

given under section 7 of that Ordinance,

may continue to be detained as if a detention warrant had been issued in respect of him on the commencement date under section 25(2); and the provisions of this Ordinance shall apply accordingly.

18. A person who is being detained immediately before the com- mencement date under the authority of a warrant issued under section 4 or 5 of the Deportation of Aliens Ordinance may continue to be detained as if a detention warrant had been issued in respect of him on the com- mencement date under section 25(2); and the provisions of this Ordinance shall apply accordingly.

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