H 4
CAP. 241]
Emergency (Deportation and Detention) Regulations.
[1967 Ed.
[Subsidiary] Claim not to be an alien,
9. (1) Where any person whose case falls to be dealt with under these regulations (hereinafter referred to in this regulation as the claimant) claims that he is not an alien, the Secretary for Chinese Affairs shall investigate such claim.
(2) For the purposes of these regulations, the onus of proving that a claimant is not an alien shall be on the claimant.
L.N.262 of 1989.
Functions of Tribunal.
(Cap. 240.)
Functions of Governor in Council upon consideration of report of Tribunal.
(Cap. 240.)
(3) If the Secretary for Chinese Affairs is of the opinion that the claimant is not an alien, he shall report his opinion to the Colonial Secretary.
(4) If the Secretary for Chinese Affairs is of the opinion that the claimant is an alien, he shall report his opinion to the Tribunal having cognizance of the case which may adopt such opinion or may itself make such further investigation of the claim as it thinks desirable, and in either event the Tribunal shall embody its own opinion in its report on the case to the Governor in Council under paragraph (2) of regulation 10.
10. (1) It shall be the duty of a Tribunal to inquire into any case referred to it under regulation 6 and-
(a) where the case was referred to it under paragraph (1) of that regulation, to advise the Governor in Council---
(i) whether or not there are good grounds for the issue under the Deportation of Aliens Ordinance of a deportation order against the person concerned; and
(ii) whether or not it would be contrary to the public interest that such person should be at large in the Colony if his deportation is impracticable; and
(b) where the case was referred to it under paragraph (2) of that regulation, to advise the Governor in Council whether or not it would be contrary to the public interest that the person against whom the deportation order is in force should be at large in the Colony if his deportation is impracticable.
(2) A Tribunal shall embody its advice in a report to be made to the Governor in Council.
11. (1) Upon consideration of the report of a Tribunal on a case referred to the Tribunal under paragraph (1) of regulation 6, the Governor in Council shall determine-
(a) whether or not to issue a deportation order under the Deportation of Aliens Ordinance against the person concerned; and
H 4
CAP. 241]
Emergency (Deportation and Detention) Regulations.
[1967 Ed.
[Subsidiary] Claim not to be an alien,
9. (1) Where any person whose case falls to be dealt with under these regulations (hereinafter referred to in this regulation as the claimant) claims that he is not an alien, the Secretary for Chinese Affairs shall investigate such claim.
Hone
(2) For the purposes of these regulations, the onus of proving that a claimant is not an alien shall be on the claimant.
L.N.262 of 1989.
Functions of Tribunal.
(Cap. 240.)
Functions of Governor in Council upon consideration of report of Tribunal.
(Cap. 240.)
(3) If the Secretary for Chinese Affairs is of the opinion that the claimant is not an alien, he shall report his opinion to the Colonial Secretary.
Hone District Adलडक
Affairs
(4) If the Secretary for Chinese-Affairs is of the opinion that the claimant is an alien, he shall report his opinion to the Tribunal having cognizance of the case which may adopt such opinion or may itself make such further investigation of the claim as it thinks desirable, and in either event the Tribunal shall embody its own opinion in its report on the case to the Governor in Council under paragraph (2) of regulation 10.
10. (1) It shall be the duty of a Tribunal to inquire into any case referred to it under regulation 6 and-
(a) where the case was referred to it under paragraph (1) of
that regulation, to advise the Governor in Council---
(i) whether or not there are good grounds for the issue under the Deportation of Aliens Ordinance of a deporta- tion order against the person concerned; and
(ii) whether or not it would be contrary to the public interest that such person should be at large in the Colony if his deportation is impracticable; and
(b) where the case was referred to it under paragraph (2) of that regulation, to advise the Governor in Council whether or not it would be contrary to the public interest that the person against whom the deportation order is in force should be at large in the Colony if this deportation is impracticable.
(2) A Tribunal shall embody its advice in a report to be made to the Governor in Council.
11. (1) Upon consideration of the report of a Tribunal on a case referred to the Tribunal under paragraph (1) of regulation 6, the Governor in Council shall determine-
(a) whether or not to issue a deportation order under the Deportation of Aliens Ordinance against the person con- cerned; and
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