218070-1935-Ordinance-passed-and-assented-to--Deportation-of-Aliens-No-39-of-1935 — Page 4

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 13, 1935.

(9) A magistrate may at any time after the conclusion of the interview referred to in sub-section (3) and after the examination of the witnesses called by the person in question, or at any previous time with the consent of the Secretary for Chinese Affairs, admit to bail any person in custody under any warrant issued under this section upon such security as in the opinion of the magistrate will be sufficient to ensure the appearance and surrender of such person at the Central Police Station at any specified date and time. The recognizance of bail may be in Form No. 5 in the Schedule Schedule.

Form No. 6.

Form No. 6.

(10) The Colonial Secretary by direction of the Governor may by order in Form No. 6 in the Schedule direct the release Schedule of any person under any such warrant as aforesaid, and on receipt of such order the Superintendent of the House of Detention shall release such person.

5.-(1) A warrant in Form No. 1 in the Schedule may be Detention Warrants. used also where the summary procedure authorised by section Schedule 3 (1) is adopted, provided the Governor is satisfied that Form No. 1. detention is necessary in order that the proceedings may be completed.

(2) In proceedings under this Ordinance the Governor may from time to time by warrant authorise the detention of a person already in custody for a further period of seven days from the date of the expiration of the previous warrant or of the sentence as the case may be, provided the Governor is satisfied that the said person ought to be detained in order that further inquiry may be made or the existing proceedings completed. A warrant under this sub- section may be in Form No. 4 in the Schedule with such Schedule variation as the case may require.

Form No. 4.

of necessity

6. No steps or proceedings whatsoever other than those Exclusion expressly specified in this Ordinance shall be necessary to for steps not the validity of any deportation order made or purporting to expressly have been made under this Ordinance.

provided

for.

deportation

7. No proceedings whatsoever connected in any manner Previous with any consideration or inquiry under the provisions of deportation proceedings this Ordinance, or with any other consideration or inquiry to be no bar with a view to deportation made before or after the com- to subsequent mencement of this Ordinance under the provisions of any proceedings. other enactment, shall be any bar to any subsequent consideration or inquiry under the provisions of this Ordinance or to the making of any deportation order thereon.

magistrate

8. If any court or magistrate has convicted any alien Court or of any offence, the court or magistrate may recommend that may

a deportation order should be made in his case either in recommend deportation addition to or in lieu of sentence; but the existence of convicted or absence of such a recommendation shall not be deemed alien. to affect the powers of the Governor in Council under this Ordinance.

order and

9.-(1) So soon as conveniently may be after the issue of Service of any deportation order issued under the provisions of this deportation Ordinance, the Inspector General of Police shall cause a arrest. copy of such deportation order to be served on the person against whom it is made.

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