Where an immigrant who has been ordinarily resident in Hong Kong for more than 3 years, the Governor in Council may make a deportation order if
(a)
he has been found guilty in Hong Kong of
(b)
an offence punishable with imprisonment for not less than 2 years; or
the Governor in Council deems it to be conducive to the public good.
In both removal and deportation procedures, factual evidence or court convictions are essential in the submission to the Governor for a removal or deportation order. The person may be detained under the powers set out in Part VII of the Immigration Ordinance until he is removed or deported.
An alien against whom a removal order has been issued may appeal under section 53 of the Immigration Ordinance. No provision is made under the Ordinance for an appeal against a deportation order. However, a non-statutory appeal may still be made to the Governor and such appeals always receive careful consideration and humanitarian factors are always taken into account.
Article 14
146.
Certain detailed questions about how the Courts operate. (SR 162 Paragraph 59)
The courts in Hong Kong are presided over by members of Judiciary headed by the Chief Justice. The courts comprise the two divisions of the Court of Appeal with 6 Justices of Appeal, the High Court with 15 High Court Judges, the District Court with 20 District Judges and Magistracy with 27 Magistrates. Indictable offences are heard in the High Court before a judge and a jury of seven lay persons. Cases in the District Court and Magistracy are heard before the District Judge or Magistrate sitting alone - with the one exception, that a Magistrate in his first contract is required to sit with a lay assessor who advises him on local customs and conditions. The Magistrates in Hong Kong are all qualified lawyers.
In all the courts the defendant is entitled as of right to be represented by a lawyer. Those charged in the High Court or District Court who cannot afford the cost of a lawyer are entitled to have a lawyer assigned to them by the Hong Kong Government Legal Aid Department. This service is free but is subject to a test. Assistance from the Legal Aid Department is not available the Magistrates Courts but for certain specified offences a defendant is entitled to free legal advice and representation from the Hong Kong Law Society Legal Aid Scheme -- a scheme funded by the Hong Kong Government. Cases in the High Court and District Court are prosecuted by qualified lawyers from the Attorney General's Chambers or by the members of the local bar on fiat from the Attorney General. In the Magistrates Court cases are prosecuted by either trained lay prosecutors from the Legal Department or by
means
in