226366-1936-Ordinances-passed-and-assented-to--Sum — Page 8

THE HONG KONG GOVERNMENT GAZETTE, APRIL 24, 1936.

a report on the case and the Governor in Council is satisfied, having regard to the findings of fact and any conclusions of law as stated in the report, that such order may lawfully be made.

notice and arrest.

Form No. 1

5.--(1) A notice in the Form No. 1 in the Schedule shall Service of be served upon the person charged specifying with sufficient particulars to give him reasonable information as to the nature Schedule of the facts alleged against him, the grounds upon which it is alleged that an order may be made against him under this Ordinance, and requiring him to shew cause before a judge in chambers at a time to be stated in the notice, or at such later time as the judge may appoint, why such order should not be made in respect of him.

(2) In the case where it is proposed that a deportation cf. s. 2 (3). order should be made but such order cannot be made without the approval of the Secretary of State, the notice shall contain information to that effect.

(3) In any case where it is intended to take proceedings against any person under this Ordinance on the ground that he is an undesirable person, and it is represented on oath or affidavit to a judge in chambers that the person is an undesir- abic person. the judge may issue a warrant for his arrest, and if the notice mentioned in sub-section (1) of this section shall not have already been served upon him it shall be so served not later than twenty-four hours after his apprehension.

6.-(1) At the time appointed in the notice served under Powers of the foregoing section or at any adjournment of the hearing judge. the judge shall take such evidence upon oath as is tendered in support of the charges, and the witnesses may be cross- examined by the accused or his counsel or solicitor and the accused may on his own behalf call such witnesses and tender such other evidence as may be relevant upon the questions at issue.

(2) The judge after considering the evidence adduced before him and making any further investigations which he may consider to be desirable, shall make a report to the Governor setting out his findings of fact and his conclusions on any questions of law involved, and, if he thinks fit, making a recommendation as to the issue in the case of any order or orders under this Ordinance.

7. Where a judge or a court recommends the making Detention of a deportation order on the grounds that the person charged

in custody pending is an undesirable person or a convicted person, the person decision. charged may, if the judge or court, as the case may be, shall so order, be detained in such manner as the judge or court may direct pending the decision of the Governor for a period not exceeding twenty-eight days and, where reference to the Secretary of State is necessary before a deportation ef. s. 2 (3). order is made, such further period as may be necessary for that purpose, and shall be deemed to be in legal custody whilst so detained.

8. Every deportation order shall be in the Form No. 2 Form of in the Schedule.

Deportation Order.

Schedule Form No. 2,

409