1964_IMMIGRATION_ORDINANCE — Page 51

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CAP. 115]

Immigration

[1989 Ed.

(b) any person who, being detained in pursuance of the sentence or order of a court, would otherwise be liable to be detained by virtue of this Ordinance,

may be taken in the custody of an immigration officer, immigration assistant, officer of the Correctional Services Department or police officer to and from any place where his attendance is required for any purpose of this Ordinance. (Amended 57 of 1972 s. 9; 42 of 1982 s. 9)

(4) Any person required or authorized to be detained by or under this Ordinance may be arrested without warrant by an immigration officer, immigration assistant, officer of the Correctional Services Department or police officer; and any person who is-

(a) detained by virtue of this Ordinance;

(b) being removed from one place in which he is detained by virtue of this Ordinance to another place in which he may be so detained;

or

(c) being taken to any place in the custody of an immigration officer, immigration assistant, officer of the Correctional Services De- partment or police officer in accordance with this Ordinance, shall be deemed to be in lawful custody. (Amended 57 of 1972 s. 9; 42 of 1982 s. 9)

36. Recognizance as alternative to detention

(1) An immigration officer and any police officer may require a person-

(a) who is detained under section 27, 28, 30, 32 or 34; or

(b) who, being liable to be detained under any of those sections, is

not for the time being so detained,

to enter into a recognizance in the prescribed form in such amount and with such number of sureties as the Director or such police officer may reasonably require; and where a person who is so detained enters into such a recognizance he may be released.

(2) A person may be detained under section 27, 28, 30, 32 or 34 notwithstanding that he has entered into a recognizance pursuant to a requirement under subsection (1); and where such person is so detained otherwise than in consequence of or following a breach of the recognizance, the recognizance shall thereupon cease to have effect.

(3) If it appears to a magistrate on the application of the Director that any person may become liable to be detained under section 32(2), the magistrate may order that person to enter into a recognizance in the prescribed form in such amount and with such number of sureties as he thinks fit. (Added 52 of 1976 s. 3)

(4) The magistrate may order any person who wilfully fails to comply with an order under subsection (3) to be imprisoned for 6 months. (Added 52 of 1976 s. 3)

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