1989 Ed.]
Immigration
[CAP. 115
41
Her Majesty's Government in the United Kingdom with another country. (Amended 78 of 1982 s. 6; 31 of 1987 s. 17)
(5) A deportation order shall require the person against whom it is made to leave Hong Kong and shall prohibit him from being in Hong Kong at any time thereafter or during such period as may be specified in the order.
(6) (Repealed 31 of 1987 s. 17)
(7) A deportation order made against a person shall invalidate any permission or authority to land or remain in Hong Kong given to that person before the order is made or while it is in force.
(8) For the purposes of this section and section 21, the question whether an offence is one for which a person is punishable with imprisonment shall be determined without regard to any Ordinance restricting the imprisonment of young offenders.
21. Recommendation by court for deportation
(1) Where an adult British citizen other than a resident British citizen, or an adult United Kingdom belonger other than a resident United Kingdom belonger, has been found guilty in Hong Kong of an offence punishable with imprisonment for not less than 2 years, any court having power to sentence him for that offence may recommend that a deportation order be made against him. (Replaced 78 of 1982 s. 7. Amended 31 of 1987 s. 18)
(2) A court shall not recommend that a deportation order be made against a person unless that person has been given not less than 7 days notice in writing stating that such person will be given an opportunity to make to the court representations with respect to the making of such a recommendation; and, for the purpose of enabling a notice to be given under this subsection or, if a notice was given less than 7 days previously, for the purpose of enabling the required 7 days to elapse, the court may adjourn the proceedings and, if such person is not detained pursuant to the sentence or order of any court, may remand such person in custody.
(3) In determining whether or not to recommend that a deportation order be made against any person, a court shall have regard to any representations which may be made by or on behalf of such person and in particular to any evidence which such person may adduce as to his character or circumstances.
(4) Notwithstanding any rule of practice restricting the matters which ought to be taken into account in dealing with an offender who is sentenced to imprisonment, a recommendation for deportation may be made in respect of an offender who is sentenced to imprisonment for life.
(5) A recommendation that a deportation order be made against a person shall be treated as a sentence for the purpose of any Ordinance providing an appeal against sentence; and where a court recommends or purports to recommend that a deportation order be made against a person, the validity of
1989 Ed.]
Immigration
[CAP. 115
41
Her Majesty's Government in the United Kingdom with another country. (Amended 78 of 1982 s. 6; 31 of 1987 s. 17)
(5) A deportation order shall require the person against whom it is made to leave Hong Kong and shall prohibit him from being in Hong Kong at any time thereafter or during such period as may be specified in the order.
(6) (Repealed 31 of 1987 s. 17)
(7) A deportation order made against a person shall invalidate any permission or authority to land or remain in Hong Kong given to that person before the order is made or while it is in force.
(8) For the purposes of this section and section 21, the question whether an offence is one for which a person is punishable with imprisonment shall be determined without regard to any Ordinance restricting the imprisonment of young offenders.
21. Recommendation by court for deportation
(1) Where an adult British citizen other than a resident British citizen, or an adult United Kingdom belonger other than a resident United Kingdom belonger, has been found guilty in Hong Kong of an offence punishable with imprisonment for not less than 2 years, any court having power to sentence him for that offence may recommend that a deportation order be made against him. (Replaced 78 of 1982 s. 7. Amended 31 of 1987 s. 18)
(2) A court shall not recommend that a deportation order be made against a person unless that person has been given not less than 7 days notice in writing stating that such person will be given an opportunity to make to the court representations with respect to the making of such a recommendation; and, for the purpose of enabling a notice to be given under this subsection or, if a notice was given less than 7 days previously, for the purpose of enabling the required 7 days to elapse, the court may adjourn the proceedings and, if such person is not detained pursuant to the sentence or order of any court, may remand such person in custody.
(3) In determining whether or not to recommend that a deportation order be made against any person, a court shall have regard to any representations which may be made by or on behalf of such person and in particular to any evidence which such person may adduce as to his character or circumstances.
(4) Notwithstanding any rule of practice restricting the matters which ought to be taken into account in dealing with an offender who is sentenced to imprisonment, a recommendation for deportation may be made in respect of an offender who is sentenced to imprisonment for life.
(5) A recommendation that a deportation order be made against a person shall be treated as a sentence for the purpose of any Ordinance providing an appeal against sentence; and where a court recommends or purports to recommend that a deportation order be made against a person, the validity of
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