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Reference...
BACKGROUND
NOTE.
355
POWERS OF DETENTION: HONG KONG
The Governor's powers to detain without trial derive from the Deportation of Aliens Ordinance (Cap. 240) which contains provisions for the summary deportation of undesirable aliens by administrative processes,
as well
as deportation after conviction by a court where the court so recommends. The Ordinance provides ancillary powers of detention pending deportation. The decision
of the Governor in Council under this Ordinance is final and conclusive for all purposes; the Governor is required to inform the Secretary of State of all aliens against whom a deportation order is made, but in normal circumstances this office would only intervene in those cases where H.M.G's responsibilities for international relations with the alien's country of origin made such a course necessary. Powers of summary deportation described above are normal and internationally accepted (in Britain they are exercised by the Home Secretary); they apply only to aliens (who, however, constitute a high proportion of the population of Hong Kong).
Special powers of detention where deportation is impracticable
2. In addition to the normal powers of detention pending deportation, the Governor in Council has had since 1956, with the Secretary of State's agreement, powers under emergency regulations to continue the detention of aliens in those cases where deportation orders have been made but deportation has proved impracticable. Continued detention may be ordered by the Governor in Council for so long as their presence at large in the colony is considered to be inimicable to law and order or until such time as
deportation becomes practicable. The need for such powers
lies in the refusal of the Chinese Government and Taiwan authorities to accept the return of known or convicted criminals. This is contrary to normal international practice and presents many special problems for Hong Kong (described in paragraph 3 below). So far, neither the Chinese nor the Taiwan authorities have refused to accept the return of their own subversive or espionage
agents.
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/Background