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Chapter I - Administrative Orders (271-315) Print E-mail
Order regarding Security Provisions

Article A - Administrative Detention

Effect

271. The provisions of this article take effect provided that the provisions of Article V of this chapter apply.

Restriction on use of powers

272. A military commander shall not apply authority in accordance with this article unless it is deemed necessary by him for imperative reasons of security.

Administrative detention

273. (A) If the commander of the Area has reasonable grounds to believe that reasons of regional security or public security require that a certain person be held in detention, he is empowered, by an order signed by him, to order the detention of a person for a period to be noted in the order not to exceed six months.

(B) If the commander of the Area has a reasonable grounds to believe, prior to the expiration of the order in accordance with Subsection (A) (hereinafter in this section- the original detention order), that reasons of regional security or public security still require the retention of the detainee in detention, he is empowered, through an order signed by him, to order from time to time the extension of the original detention order for a period not to exceed six months, and the same provisions as apply to the original detention order shall apply to the extension order.

(C) If a military commander has reasonable grounds to believe that the conditions stipulated in Subsection (A), whereby the commander of the Area may order the detention of a person, apply, he is empowered, through an order signed by him, to order the detention of that person, for a period not to exceed 96 hours and not extendible through order of the military commander.

(D) An order in accordance with this section may be issued in absence of the person whose detention it involves.

Execution

274. A detention order in accordance with this chapter shall be executed by a soldier or policeman and warrant the incarceration of the detainee in a place of detention as stipulated in the detention order or in a later order.

Judicial review

275. (A) If a person is detained by order of the commander of the Area in accordance with this article, he shall be brought within 96 hours of his detention, and if he was just previously held in detention by order of the military commander – within 96 hours of his detention by order of the military commander – before a judge as defined in Section 11(A)(1) of this order (hereinafter – judge), and the judge is empowered to approve the detention order, cancel it or reduce the detention period; if the detainee is not brought before a judge and a hearing is not initiated in his presence within 96 hours as stipulated, the detainee shall be released, unless there is an additional reason for his detention in accordance with any law or security legislation.

(B) The judge shall cancel the detention order if he is convinced that the reasons for which it was issued were not relevant reasons to do with regional security or public security, or that it was issued not in good faith or by unlawful considerations.

Periodical review

276. If a detention order is approved in accordance with this chapter, with or without changes, a judge shall hear the matter of the detention anew no later than three months after the approval of the detention in accordance with Section 275, or after a decision is issued in accordance with Section 275 or after a decision is issued in accordance with this section or within a shorter period as determined by the judge in his decision, so long as the detainee is not released; if the hearing does not begin before a judge within the stipulated period, the detainee shall be released, unless there is an additional reason for his detention in accordance with any law or security legislation.

Deviation from rules of evidence

277. (A) In proceedings in accordance with sections 275 and 276, it is possible to deviate from the rules of evidence if the judge is convinced that this shall be expedient in establishing the truth and conducting a just trial.

(B) When decided upon deviation from the rules of evidence, the reasons for this decision shall be noted.

(C) In proceedings in accordance with sections 275 and 276, the judge is empowered to accept evidence even in absence of the detainee or his representative or without disclosing it to them if, after examining the evidence or hearing the pleas, even in absence of the detainee and his representative, the judge is convinced that disclosing the evidence to the detainee or his representative may harm regional security or public security. This provision does not detract from any right to withhold evidence in accordance with Section 87 of this order.

Appeal

278. (A) A decision by a judge to approve a detention order, with or without changes, to cancel or alter it, as well as a decision in accordance with Section 276, can be appealed before the president of the military court as stipulated in Section 11(A)(2); or before the acting president as stipulated in Section 11(A)(3) the president of the court and the acting president shall hold all the powers awarded to a judge in accordance with this chapter.

(B) The appeal shall not delay execution of the order, unless a judge or president of the military court decrees otherwise.

Presence

279. Subject to the aforementioned in Section 277(C), the detainee is entitled to be present at any hearing in accordance with sections 275, 276and 278.

In camera

280. The hearing of proceedings in accordance with this article shall be conducted in camera.

Rules of procedure

281. The commander of the Area is empowered to promulgate regulations for the execution of this article, including regulations to determine the rules of procedures in proceedings under this article and the appointed time for the submission of appeal and any other action under this article.

Prohibition of delegation

282. The powers of the commander of the Area under this article may not be delegated.

Canceling of order by the commander of the Area

283. The provisions of this article do not detract from the authority of the commander of the Area to cancel a detention order issued in accordance with these sections, whether prior to its approval in accordance with Section 275 or subsequently.

Article B- Administrative detention- temporary order

Temporary order

284. (A) By the powers vested in me as Commander of IDF Forces in the Area, and judging that due to the special circumstances prevailing in the Area today, it is necessary in order to maintain public order and regional security to proceed temporarily not in accordance with the principles of administrative detention stipulated in Article A of this Chapter, I hereby decree that the provisions of Article A of this chapter shall not apply to a detention order to which the provisions of this article apply.

(B) The provisions of this article shall remain in effect until a different directive is issued by the commander of the IDF in the Area.

(C) Notwithstanding the stipulation in Subsection (A), the Regulations regarding Administrative Detention (Conditions of Detention in Administrative Detention) (Judea and Samaria), 5742-1981 shall apply to the detention of detainees in the Area by virtue of this article.

Administrative detention

285. (A) If the Commander of IDF Forces in the Area or a military commander empowered by him for the purpose of this section (in this article: "military commander") has reasonable grounds to believe that a certain person must be held in detention for reasons to do with regional security or public security, he is empowered, through an order signed by him, to order the detention of that person for a period of time to be specified in the order, not to exceed six months (in this article: "detention order").

(B) If a military commander has reasonable grounds to believe, prior to the expiration of the detention order issued under Subsection (A) that reasons pertaining to regional security or public security still require the detention of the person, he is empowered, through an order signed by him, to order from time to time the extension of the validity of the original detention order for a period not to exceed six months and the provisions applicable to the original detention order shall apply to the extension order.

(C) A detention order under this article may be issued in absence of the person to whose detention it applies.

Execution of detention

286. (A) A detention order issued under this article shall be executed by a soldier or policeman, and shall serve as the authorization for the incarceration of the detainee.

(B) If the place of detention is not cited in the detention order, the detainee shall be held in custody in one of the following places:

(1) A detention facility or prison facility as defined in security legislation;

(2) A prison, as defined in the Prisons Ordinance [New Version], 5732-1971, as in force in Israel;

(3) A military prison as defined in the Military Adjudication Law, 5715-1955, as in force in Israel.

Judicial review

287. (A) A person detained under this article shall be brought within eight days of his arrest before a judge whose rank is no lower than the rank of major. The judge is empowered to approve the detention order, to cancel it or to reduce the stipulated period of detention;

If a detainee is not brought before the judge and a hearing is not initiated within eight days as noted, the detainee shall be released, unless there is another reason to detain him under any law or security legislation.

(B) The judge shall cancel the detention order if he is convinced that the reasons for which it was issued were not relevant reasons to do with regional security or public security, or that it was issued not in good faith or by unlawful considerations.

Appeal

288. A judge’s decision under Section 287 may be appealed before a judge of the military court of appeals, and he shall have all of the powers awarded to a judge under this article.

Deferral of execution

289. (A) If a judge decides under Section 287 to cancel or reduce a detention order, and the representative of the military commander announces following the issuing of the decision that he wishes to appeal it, the judge is empowered to order a deferral in the execution of release for a period not to exceed 72 hours; in this context Saturdays and holidays shall not be included in the hour count.

(B) If the military commander’s representative submits an appeal regarding a judge’s decision under Section 287, the military court of appeals judge shall have the authority to order a deferral in the execution of release until the ruling on the appeal.

(C) If the military court of appeals judge decides in a proceeding under Section 288 to cancel or reduce a detention order, the judge shall have the authority, if requested by the military commander’s representative, and for special reasons to be cited, to defer the execution of the release for a period not to exceed 72 hours; in this context Saturdays and holidays shall not be included in the hour count.

Deviation from rules of evidence

290. (A) In proceedings under sections 287 and 288, it is permissible to deviate from the rules of evidence if the judge is convinced that this shall be expedient in establishing the truth and conducting a just trial.

(B) Whenever it is decided to deviate from the rules of evidence, the reasons for this decision shall be noted.

(C) In proceedings under sections 287 and 288, the judge is empowered to receive evidence even in absence of the detainee or his representative, or without disclosing it to them if, after examining the evidence or hearing the pleas, even in absence of the detainee and his representative, the judge is convinced that disclosing the evidence to the detainee or his representative may harm regional security or public security; this provision does not detract from any right to withhold evidence in accordance with Section 87.

In camera

291. (A) The hearing of proceedings in accordance with this article shall be conducted in camera.

(B) Subject to the stipulations of Subsection 290(C), the detainee is entitled to be present in any hearing of his case.

Prohibition of delegation

292. The powers of the commander of the Area under this article may not be delegated.

Canceling of order by military commander

293. A military commander is empowered, at any stage, to cancel or reduce a detention order to which the provisions of this article apply.

Rules of procedure

294. The IDF commander of the Area is empowered to promulgate regulations for the execution of this article, including regulations to determine the rules of procedures in proceedings under this article and the appointed time for the submission of appeal and any other action under this article.

Article C – Restraining orders and supervision

Restriction on use of powers

295. A military commander shall not apply authority in accordance with this article unless it is deemed necessary by him for imperative reasons of security.

Restraining orders

296. (A) A military commander is empowered to issue an order, concerning any person, for all or part of the following goals:

(1) To ensure that the said person shall not stay in any one of the areas in the Area to be detailed in the order, unless he was permitted to do so by the order, or by the authority or person determined in the order;

(2) To demand from him that he inform about his movements, in the manner and at the times to be determined in the order, to an authority or person, to be named in it;

(3) To prohibit or limit the said person’s possession or use of objects to be detailed in the order;

(4) To impose upon him limitations concerning his employment or businesses or his contacts with other persons, and concerning his actions in relation to the distribution of information or opinions, all to be detailed in the order.

(B) A person who violates an order under this section he shall be charged with an offense under this order.

(C) An order issued under this section (hereinafter in this section - the order) may be appealed before an appeals committee appointed by the president of the military court of appeals (hereinafter in this section - the committee). The committee may be composed of a single member. A judge with the rank of major or above shall be appointed as a member of the committee.

(D) If the committee finds cause to intervene in the decision of the military commander, it is empowered to cancel the order, reduce it or change its conditions.

(E) If an appeal is submitted to the committee, it is empowered to defer execution of the order until issuing its decision.

(F) In proceedings under this section, it is permissible to deviate from the rules of evidence for reasons to be noted.

(G) In proceedings under this section, the committee is empowered to accept evidence even in absence of the person against whom the order was issued or his representative, or without disclosing it to them, if after examining the evidence or hearing pleas, even if in absence of the person against whom the order was issued or his representative, it was convinced that disclosing the evidence to the person against whom the order was issued or his representative may harm regional security or public security; this provision does not detract from any right to withhold evidence in accordance with Section 87.

(H) Subject to the stipulations in Subsection (G) above, the person against whom the order was issued is entitled to be present in any hearing under this section.

(I) The committee shall proceed in any matter of rules of procedure not defined in this section in a way it deems most effective for reaching a just and rapid decision on the appeal.

(J) After reaching a decision on an appeal submitted under Subsection (C) above, the committee is empowered, at the request of the military commander’s representative or of the person against whom the order was issued, as the case may be, to defer execution of its decision for a period not to exceed 48 hours from the time the decision is delivered; in this context Saturdays and holidays shall not be included in the hour count.

Special supervision and assigned residence

297. (A) A military commander is empowered to issue an order that a person be under special supervision.

(B) A person under special supervision in accordance with this section – shall be subject to all or part of the following limitations, as ordered by the military commander:

(1) Shall be required to live within the confines of a certain place in the Area to be detailed by the military commander in the order;

(2) Shall not leave the city, village or district in which he lives, without written permission of a military commander;

(3) Shall give, at any time, notice of the house or the place in which he lives to the military commander or to whom the military commander orders him;

(4) Must report at any time he is required to do so by the military commander and to a place ordered by him;

(5) Shall remain behind the doors of his home during hours to be determined by the military commander in the order.

(C) A soldier is empowered to arrest a person against whom an order in accordance with subsections (A) and (B) was issued and bring him to the place in which he is required to stay.

(D) If a person violates an order in accordance with this section he shall be charged with an offense under this order.

(E) An order issued under this section (hereinafter in this section - the order) can be appealed before an appeals committee appointed by the president of the military court of appeals (hereinafter in this section - the committee). The committee may be composed of a single member. A judge with the rank of major or above shall be appointed as a member of the committee.

(F) If the committee finds cause to intervene in the decision of the military commander, it is empowered to cancel the order, reduce it or change its conditions.

(G) If an appeal is submitted to the committee, it is empowered to defer execution of the order until issuing its decision.

(H) In proceedings under this section, it is permissible to deviate from the rules of evidence for reasons to be noted.

(I) In proceedings under this section, the committee is empowered to accept evidence even in absence of the person against whom the order was issued or his representative, or without disclosing it to them, if after examining the evidence or hearing pleas, even if in absence of the person against whom the order was issued or his representative, it was convinced that disclosing the evidence to the person against whom the order was issued or his representative may harm regional security or public security; this provision does not detract from any right to withhold evidence in accordance with Section 87.

(J) Subject to the stipulations in Subsection (I) above, the person against whom the order was issued is entitled to be present in any hearing under this section.

(K) The committee shall proceed in any matter of rules of procedure not defined in this section in a way it deems most effective for reaching a just and rapid decision on the appeal.

(L) After reaching a decision on an appeal submitted under Subsection (E) above, the committee is empowered, at the request of the military commander’s representative or of the person against whom the order was issued, as the case may be, to defer execution of its decision for a period not to exceed 48 hours from the time the decision is delivered; in this context Saturdays and holidays shall not be included in the hour count.

(M) If a person against whom an order under Subsection (B)(1) is issued appeals and the order is sustained, the committee shall review his case every six months, regardless of whether or not the person submits another appeal. In such hearing, the committee shall have all of the powers granted to it in an appeal, as stipulated in Subsection (F).

(N) A military commander who issues an order under Subsection (B)(1) above is empowered to command that the person against whom the order was issued be held in detention in a place determined by the military commander, in the Area or in Israel, until his transfer to the place determined in the order.

In camera

298. The hearing of proceedings in accordance with this chapter shall be held in camera, unless the appeals committee formed under subsections 296(C) or 297(E) issues a different directive in this matter.

Article D – Expulsion of Infiltrators

Definitions

299. In this article –

Infiltrator” – a person who enters the Area unlawfully after the defining date or a person who stays in the Area and does not have a legal permit.

Armed” – including a person armed with an instrument or material capable of killing a person or causing severe injury or dangerous damage, even if it is not a firearm or explosive material or inflammable material.

person in custody” – a person held in custody by virtue of a deportation order.

Deportation order” – a written deportation order issued by a military commander in accordance with Section 301 (A).

Sentence of infiltrator

300. (A) An infiltrator shall be sentenced to seven years imprisonment.

(B) Notwithstanding the provisions in Subsection (A), if an infiltrator proves that his entry to the Area was lawful, he shall be sentenced to three years imprisonment.

(C) A person who infiltrates while armed, or in the company of an armed person or is supported by an armed person shall be sentenced to twenty years imprisonment.

Deportation

301. (A) A military commander is empowered to order in writing that an infiltrator be deported from the Area, regardless of whether or not he is charged with an offense under this order, and the deportation order shall warrant keeping the infiltrator in custody until his deportation; for the purpose of its execution, a deportation order shall be regarded as an arrest warrant issued under Article C of Chapter C of this order, including for the purpose of executing the arrest in Israel in accordance with Section 265(A).

(B) A deportation under Subsection (A) shall be issued only after providing the infiltrator an opportunity to present his arguments before an IDF officer or a police officer, and after the infiltrator’s arguments are brought before the military commander.

(C) If a deportation order is issued under Subsection (A), the infiltrator shall be deported from the Area as soon as possible, unless he has already left the Area of his own accord.

(D) If a deportation order is issued under Subsection (A), the infiltrator shall be given, in writing or orally, as far as possible, in a language he understands, information about his rights under this order, as well as his right to have notification about his detention sent to a person close to him and to an attorney.

(E) If a deportation order is issued under Subsection (A) and if the person against whom the deportation order is issued is detained or imprisoned for any reason, the person shall be released from his detention or imprisonment for the purpose of executing the deportation, even if his detention or imprisonment term has not ended, unless otherwise stipulated in the deportation order.

(F) If a deportation order is issued under Subsection (A), the infiltrator shall not be deported unless 72 hours have passed since the date he was given the deportation order in writing, unless he agrees to this; and the military commander is empowered, upon the request of a person against whom a deportation order was issued, to postpone the date of executing the deportation.

(G) Notwithstanding the provisions of Subsection (F), if the military commander learns that the infiltrator has recently entered the Area, he is empowered to order his deportation even before 72 hours pass from the date the deportation order is given to him in writing, provided that the infiltrator is deported to the state or area from which he infiltrated and that this be done before 72 hours pass from the time when a soldier or policeman has a reasonable basis to suspect that the person infiltrated into the Area.

Costs of executing deportation order

302. A military commander is empowered to impose the costs of executing a deportation order, including the costs of detention, on the infiltrator, provided that these costs do not total more than 7,500 New Shekel; and the military commander is empowered to order that the costs be forfeited from the infiltrator’s money.

Release on bail

303. (A) If a deportation order is issued against an infiltrator in accordance with provisions of this order, a military commander shall be empowered to order the release of the infiltrator on his own recognizance, whether alone or in conjunction with a guarantor’s bond, or on the monetary bond of the infiltrator or of a guarantor, or partly in a bond and partly in a guarantee.

(B) Notwithstanding the provisions of Subsection (A), the military commander shall not order the release of an infiltrator if he believes that –

(1)  The deportation of the infiltrator from the Area is being prevented or delayed due to a lack of full cooperation on his part, including a refusal to return to his country of origin, or

(2) Release of the infiltrator could endanger the security of the Area, public safety or health.

(C) Release on bail shall be predicated on conditions the military commander defines for ensuring that the infiltrator shall report for his departure from the Area or for his deportation on the appointed date, or for other proceedings under this order or in accordance with any law or security legislation.

(D) If a military commander learns that an infiltrator who was released on bail has violated or is about to violate the conditions of his release, he is empowered to command, in an order, that the infiltrator be returned to custody.

(E) If the infiltrator violates the conditions of his release, a military commander is empowered to order –

(1) Payment of the monetary guarantee in its entirety or in part to the regional command;

(2) The forfeiture of the guarantee, in its entirety or in part, to the regional command.

Evidence

304. (A) In any proceeding under this article, it is presumed that a person is an infiltrator if he is present in the Area without a certificate or permit indicating that he is lawfully staying in the Area, without reasonable justification.

(B) For the purpose of this section –

“Certificate or legal permit” – a certificate or permit issued by the IDF commander in the Judea and Samaria Area or by someone on his behalf, in accordance with the provisions of security legislation, or issued by the authorities of the State of Israel in accordance with the Entry to Israel Law, 5712-1952 as in force in Israel from time to time, allowing a person to stay in the Area.

Establishment of committee

305. A committee shall be established in the Area to review deportation orders, which shall be empowered to hear appeals on decisions issued under sections 301 to 303 (hereinafter in this article – “the committee”).

Composition of committee

306. (A) The Commander of IDF Forces in the Area shall appoint judges with the rank of major, at least, as members of the committee.

(B) One of the members of the committee shall be appointed as governor of the committee.

(C) The governor of the committee shall appoint members from among the members of the committee to sit as a single-judge panel.

(D) The governor of the committee shall be empowered to determine that the committee shall be a panel of three if he sees that there is a special need for that. If a panel of three is set, the governor of the committee shall appoint the chairman.

(E) The governor of the committee shall be empowered to replace a committee member with another one, and the hearing of the appeal shall continue from the stage it was halted, unless the governor instructs otherwise.

Bringing before the committee for reviewing deportation orders

307. (A) If a deportation order is issued and a person is held in custody by its virtue, the person in custody shall be brought before the committee as soon as possible, and no later than 8 days from the date on which the deportation order is issued. If the person in custody is under 18 years of age, he shall be brought before the committee no later than 4 days from the date on which the deportation order is issued.

(B) A person in custody who is not brought before the committee within the period of time stipulated in Subsection (A), shall be brought before the committee, which shall hear his case and order his release, under conditions or without any condition, unless the committee believes that the circumstances of the case – including the danger posed by the person in custody, the fear of his evasion of justice, and the reasons for not bringing him before it – do not justify his release.

Powers of committee

308. The committee is empowered –

(A)               To sustain the deportation order, with changes or without changes.

(B)               To cancel the deportation order, if convinced that the person in custody is not an infiltrator.

(C)               To order the release of a person in custody under conditions, including a guarantee, or without any condition, if convinced that there are special reasons justifying this, or that such release shall facilitate the expulsion of the person in custody from the Area; provided that it does not issue such order if –

(1) the expulsion of the person in custody from the Area is prevented or delayed due to a lack of full cooperation on his part, including for the purpose of establishing his identity or arranging the procedures for his expulsion from the Area, and including an unjustified refusal to return to the state from which he arrived to the Area or to another state if his return to the state from which he arrived to the Area is impossible; or

(2) The release of the person in custody would endanger the security of the Area, the public safety or health.

(D) To order the release of the person in custody on bail at the end of a period defined by it, if he is not previously expelled from the Area, if it is convinced of one of the following:

(1) That the expulsion of the person in custody from the Area is being prevented or delayed without reasonable justification, despite full cooperation on his part, and that it is possible to execute the deportation order within the defined period of time;

(2) That due to his age or health condition, holding him in custody may harm his health, or that there are other special humanitarian reasons justifying his release on bail, including if due to the custody a minor would remain without supervision.

Provided that it shall not issue such order if the release of the person in custody would endanger the security of the Area, the public safety or health.

(E) To order a change in the conditions determined for the release of the person in custody under Section 303.

(F) To order the refund of sums collected from the infiltrator for the expenses of executing the deportation order, as stipulated in Section 302, in their entirety or in part.

Periodic review

309. (A) If the committee decides, in accordance with Section 308, not to release the detainee, his case shall be reviewed by the committee no later than sixty days after the date of its decision in accordance with Section 308 or within a shorter period which the committee determines in its decision.

(B) A person in custody whose case is not brought before the committee for an additional review within the time period stipulated in Subsection (A) shall be brought before the committee, which shall hear his case and order his release, under conditions or without any condition, unless the committee believes that the circumstances of the case – including the danger posed by the person in custody, the fear of his evasion of justice, and the reasons for not bringing him before it – do not justify his release.

(C) Notwithstanding the provisions of Subsection (A), if the person in custody is under 18 years of age, his case shall be brought before the committee for an additional review within a period of time not to exceed 30 days.

Review

310. (A) A person in custody is entitled to appeal to the committee in writing at any time with a request to review the decision issued in his case if new facts arise or the circumstances have changed, including time elapsed from the day the deportation order was issued, and if this may change a previous decision made by the committee.

(B) The military commander or a person so empowered by him is empowered to request the committee in writing to order an infiltrator who was released by decision of the committee to be returned to detention, or to set different conditions of release if new facts arise or the circumstances have changed since the date the previous decision was issued in the infiltrator’s case; the provisions of this subsection do not detract from the powers of a military commander under sections 301 to 303.

Evidence

311. In proceedings conducted in accordance with this chapter, the provisions of subsections 296(F) and 296(G) shall apply.

Presence of person in custody

312. Subject to the provisions of Section 311, the provisions of sections 51 and 52(B) and (C) shall apply to the hearings in proceedings conducted in accordance with this chapter, with the necessary changes.

Rules of procedure

313. (A) In any matter of legal procedure not defined in this chapter, the committee shall proceed in a way it deems most effective for reaching a decision in the case.

(B) The committee is empowered to refer to the military commander in order to receive his view, in writing or orally, with regard to a person in custody or on any question it needs to address for the purpose of issuing a decision, provided that the committee does not issue a decision pertaining to subsections 308(B) through 308(E) without being apprised of the military commander’s view.

(C) A person in custody is entitled to be assisted by a representative in presenting his arguments before the committee, and the committee is empowered to receive the arguments of the person in custody in writing if the person in custody chooses not to appear before the committee.

(d) The provisions of sections 42(A) through 42(D) shall apply to the proceedings for release on bail under this chapter, with the necessary changes; the committee shall have all of the powers granted to the military court under this section.

Deferral of execution

314. After the committee issues a decision in accordance with Section 308, it is empowered to order, upon the request of the military commander’s representative, a deferral of the decision’s execution for a period not to exceed 72 hours; in this context Saturdays and holidays shall not be included in the hour count.

Retaining powers

315. None of the provisions in this chapter detract from the authority of the military commander to cancel a deportation order, before or after the proceedings under Section 308.

 
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