TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 257

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19. A person who is being detained immediately before the com- mencement date under section 9(2) of the Deportation (British Subjects) Ordinance or section 8(2) of the Deportation of Aliens Ordinance may continue to be detained as if his detention had been authorized by the Colonial Secretary under section 27(3) of this Ordinance.

20. A person who is being detained immediately before the com- mencement date under section 43(4) of the Immigration (Control and Offences) Ordinance may continue to be detained as if his detention had been authorized by the Colonial Secretary under section 27(3) of this Ordinance.

21. Section 28 shall apply to a person who before the commencement date has been refused permission to enter Hong Kong under the Immigra- tion (Control and Offences) Ordinance as it applies to a person who has been refused permission to land in Hong Kong under this Ordinance; and it shall be presumed that an immigration officer has made a require- ment under the said section.

22. The reference in section 33(1)(b) to the authority of the Director includes a reference to a permit of the Director granted under the Im- migration (Control and Offences) Ordinance.

23. The reference in section 38(2)(a) to a travel document, entry permit, re-entry permit or other document issued, kept or made under or for the purposes of Part II, III or IV of this Ordinance includes a reference to a travel document, entry permit, re-entry permit or other document issued, kept or made under or for the purposes of the Im- migration (Control and Offences) Ordinance.

24. The references in section 38(2)(b) and (c) to a travel document, entry permit or re-entry permit include references to a travel document, entry permit or re-entry permit issued under the Immigration (Control and Offences) Ordinance.

25. Section 43(1) and (2) shall have effect as if they included, respec- tively, a reference to a ship not exceeding two hundred and fifty gross tons, and a vehicle, which has been used in the contravention or attempted contravention of any of the provisions of the Immigration (Control and Offences) Ordinance (whether or not any person has been convicted of such contravention or attempted contravention), being a ship or vehicle in respect of which notice of seizure has not been served before the commencement date under section 46(2) of the said Ordinance; and the provisions of this Ordinance shall apply accordingly.

26. Any condition imposed under section 17(3) of the Deportation of Aliens Ordinance and in force immediately before the commencement date shall, if it has not been complied with, be deemed to be a require- ment under section 51(2) of this Ordinance; and any recognizance entered into in accordance with an order under the said section 17(3) and in force immediately before the commencement date shall be deemed to be a recognizance entered into in accordance with a requirement under section 51(2) of this Ordinance and shall continue in force for the remainder of the period for which it would have continued in force in accordance with the order under the said section 17(3).

27. References in section 52(1)(d) and (e) to an offence under this Ordinance include references to an offence under the Immigration (Control and Offences) Ordinance.

Section 27(3).

Section 27(3).

Section 28.

Section 33(1)(b).

Section 38(2)(a).

Section 38(2)(b) & (c).

Section 43(1)

& (2).

Section 51(2).

Section 52(1)(d)

& (e).