1950_DEPORTATION_(BRITISH_SUBJECTS)_ORDINANCE — Page 4

CAP. 239]

[8. 5 cont.]

Powers of judge.

Detention in custody pending decision.

9 of 1950, Schedule,

Form of order.

Schedule Form 2.

Execution of deporta-

tion order.

Deportation (British Subjects).

able person, the judge may issue a warrant for his arrest, and if the notice mentioned in subsection (1) 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, court or magistrate 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, court or magistrate, as the case may be, shall so order, be detained in such manner as the judge, court or magistrate 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 Form 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 5 of 1937, s. 3. charged together with a summary of the findings of fact and conclusions of law as stated in the report made under sub- section (2) of section 6.

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