EMERGENCY (DEPORTATION AND DETENTION) (ADVISORY TRIBUNAL) RULES

EMERGENCY (DEPORTATION AND DETENTION) (ADVISORY TRIBUNAL) RULES

EMERGENCY (DEPORTATION AND DETENTION)
ISORY TRIBUNAL) RULES.



(Regulation 13(2) of the Emergency (Deportation and
Detention) Regulations).

[27th July, 1962.]
1. These rules may be cited as the Emergency (Deportation
and Detention)(Advisory Tribunal) Rules.

2. In these rules, unless the context otherwise requires-

'detained person' means a person in relation to whom a detention order
made under the Regulations is in force;

'person concerned' means a person whose case has been referred to a
Tribunal under regulation 6 of the Regulations;

'Regulations- means the Emergency (Deportation and Detention)
Regulations;


'Tribunal' means a Deportation and Detention Advisory Tribunal
constituted under regulation 3 of the Regulations.

3. The Tribunal may at the same time inquire into two or more cases
referred to it under regulation 6 of the Regulations if it considers that it
can conveniently do so.

4. Where it thinks fit-

(a)the Tribunal may give its advice to the Governor in Council
pursuant to regulation 10 of the Regulations without hearing
any oral evidence other than the evidence of the person
concemed and any witness whom he calls;

(b)the Tribunal may give its advice to the Governor in Council
pursuant to regulation 15 of the Regulations without hearing
oral evidence.

5. Upon an inquiry into a case referred to the Tribunal under
regulation 6 of the Regulations, the Commissioner of Police or his
representative shall, on the invitaion of the Tribunal, address the
Tribunal, in the presence of the person concerned and his counsel or
solicitor, if any, as to the facts of the case, with such particularity as, in
the opinion of the Tribunal, is sufficient to enable the person concerned
to present a reply.

6. The Tribunal may receive and consider such material as it thinks
may assist it in carrying out its functions notwithstanding that the
material would not be admissible in the courts of the Colony under the
law relating to evidence.





7. In carrying out its functions, the Tribunal may, if it is satisfied
that it is desirable or necessary to do so for the protection of the witness
or any other person, hear the evidence of a witness in the absence of the
person concerned or the detained person, as the case may be, and his
counsel or solicitor, if any, but the President of the Tribunal shall inform
the person concerned or the detained person of the substance of the
evidence given by the witness, so, however, that the identity of the
witness is not disclosed.

8. No person shall in any proceedings before the he 'tribunal be'
obliged or permitted to disclose, in the presence of the person concerned
or the detained person, as the case may be, or his counsel or solicitor, if
any, the name or address of an informer or to state any matter that might
lead to the disclosure of the identity -of an informer.
G.N.A. 69/62. Citation. Interpretation. (Cap. 241, sub. leg.) Tribunal may inquire into more than one case at same time. Tribunal may give advice without hearing oral evidence. Address as to facts of referred case. Admissibility of evidence. Tribunal may hear evidence in absence of person concerned or detained person. Protection of informers.

G.N.A. 69/62. Citation. Interpretation. (Cap. 241, sub. leg.) Tribunal may inquire into more than one case at same time. Tribunal may give advice without hearing oral evidence. Address as to facts of referred case. Admissibility of evidence. Tribunal may hear evidence in absence of person concerned or detained person. Protection of informers.

https://oelawhk.lib.hku.hk/items/show/2953

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