222413-1935-Supplementary-Draft-Bill--Deportation-of-Aliens — Page 5

Penalty for return from deportation or banish- ment.

Fenalty for harbouring.

Houses of Detention.

Evidence

1664

13.-(1) Every person who is prohibited from being within the Colony by a deportation order made under this Ordinance or a banishment or deportation order made under any repealed Ordinance, and who without lawful authority or excuse is within the Colony after the date fixed by such order for his departure and before the expiration of the period of his deportation or banishment, shall be guilty of a misdemeanor.

(2) Where any such person is convicted summarily before a magistrate, he shall be liable to imprisonment for any term not exceeding one year.

(3) Where any such person is convicted on indictment, he shall be liable to imprisonment for any term not exceeding five years in cases where the period of deportation or banishment exceeded fifteen years, to imprisoment for any term not exceeding three years in cases where the period of deportation or banishment did not exceed fifteen years but exceeded five years, and to imprisonment for any term not exceeding two years in cases where the period of deportation or banishment did not exceed five vears.

(4) Where the period of deportation or banishment is for life, such period shall be deemed to exceed fifteen years for the purposes of this section.

14. Every person, who without lawful authority or excuse knowingly harbours or conceals any person who is prohibited from being within the Colony by a deportation order made under this Ordinance or a banishment or deportation order made under any repealed Ordinance, shall upon summary conviction be liable to a fine not exceeding two hundred and fifty dollars.

15. The Governor may appoint any building or portion of a building to be a House of Detention for the purposes of this Ordinance and any person to be Superintendent of such House, and in default of such appointments Victoria Gaol, or other the principal prison of the Colony, the Prison for males at Lai Chi Kok, the Prison for females at Lai Chi Kok and the Prison Wards at the Government Civil Hospital and the Kowloon Hospital shall be Houses of Detention and the Superintendent of Prisons shall be the Superintendent of the Houses of Detention.

16.-(1) In any proceedings whatsoever, a deportation or banishment order signed by the Clerk of Councils, or a copy of such order certified by the Clerk of Councils, shall be deemed conclusive evidence that the order was duly and validly made and issued against the person named in such order and that the order was made on the date therein specified.

(2) In any proceedings whatsoever, any document which purports to be a deportation or banishment order and to be signed by the Clerk of Councils, or any document which purports to be a copy of such order and to be certified by the Clerk of Councils, shall, until the contrary is proved, be deemed respectively to be such an order signed by the Clerk of Councils or to be a copy of such an order certified by the Clerk of Councils.

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