230640-1936-Supplementary-Draft-Bills--Hong-Kong-Government-Service-Levy-on-Salaries--Deportation-British-Subjects--Companies-Amendment — Page 5

cf. s. 2 (3).

Powers of judge.

Detention

in custody pending

decision.

cf. s. 2 (3).

Form of Deportation Order.

Schedule

Form No. 2.

Execution

of deporta- tion order.

284

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 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- able 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 the foregoing section or at any adjournment of the hearing 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 of a deportation order on the grounds that the person charged is an undesirable person or a convicted person, the person 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 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 in the Schedule.

9.-(1) As soon as practicable after a deportation order is made a copy thereof shall be served upon the person charged.

(2) Subject to the provisions of sub-section (3) of this section a person with respect to whom a deportation order is in force may be detained in such manner as may be directed by the Governor, and may be placed on a ship about to leave the Colony and shall be deemed to be in legal custody while so detained and until the ship finally leaves the Colony.

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