264
Objects and Reasons.
1. The object of this Ordinance is to amend the prin- cipal Ordinance (No. 25 of 1917) by reverting to the arrangement adopted in the case of the previous principal Ordinance (No. 9 of 1912), under which the provisions relating to deportation orders against British subjects were dealt with in a section separate from that which dealt with the deportation of aliens and to introduce special safe- guards in the case of British deportations. This Ordi- nance also amends the procedure in certain details as the result of experience acquired in practice.
2. Scetion 2 of this Ordinance repeals sections 3 and 4 of the principal Ordinance and substitutes new sections 3, 3A, 4, 4A, 4B and 4C. Of these the new section 2 (1) (a) authorises the issue of summary orders against alien bani- shees from other parts of the Empire. Sections 8, 9, 10 and 12 (3) of the principal Ordinance prohibited the resi- dence here of hauishees from the Straits Settlements, and Malay States and Borneo, and dealt with the penalties to be imposed and the evidence to be adduced if they were found here. For some years it has been found impracti- cable to impose these penalties. It is moreover illogical to limit the exclusion of alien deportees to those deported only from the places named. It seems desirable therefore to abolish altogether the automatic exclusion and to make provision for the issue of local summary orders if and whenever it is considered desirable to get rid of the alien deportees from other parts of the Empire.
3. The new sections 3 (1) (b) and (c) are derived res- pectively from the old sections 3 (1) (a) and (b) and (2). Provision similar to the latter is also to be found in section 12 (6) (c) of the Aliens Order, 1920, made under the Aliens Restriction Acts, 1914 and 1919.
The new section 3 (1) (c) applies only to special cases which must be reported to the Secretary of State under section 14 of the principal Ordinance as amended by section 7 of this Ordinance.
4. The new section 3 (2) is practically a re-enactment of section 4 (1) and (11) of the principal Ordinance but limits it to aliens. The new section 3 (3) provides for the use in the case of alien deportations of the form of order authorised by section 3 of the amending Ordinance No. 34 of 1929.
5. The new section 3A (1) (2) (3) (6) (7) (*) and (9) is practically a re-enactment of section 4 (4) (5) (6) (7) (8) (10) and (12) of the principal Ordinance save that it has been found necessary to extend the time authorised by the Detention Warrant to fourteen days.
6. The provisions of the new section 3A (4) and (6), though not re-enactments of any express provisions of the principal Ordinance, merely enact the practice which obtains and which seems to be required by the language of sub-section 4 (10) (3A (8) in this Ordinance) and of Form No. 3 in the Schedule to the principal Ordinance,
7. The new section 3B (1) authorises detention where necessary in cases where the summary procedure is adopted. The new section 3B (2) is derived from the old section 4 (9) and authorises the further detention of persons already in custody for periods of seven days at a time where such detention is necessary to complete the inquiry or proceedings. The period of four days hitherto authorised has been found insufficient.
8. The new section 4 (1) is practically a re-enactment of section 4 (13) and (14) of the principal Ordinance. Paragraph (e) of the sub-section has been extended so as to include mandated territory.
I