C
165
Order
4. The Governor-in-Council may issue a Deportation Deportation Order in Form No.7 in the Schedule against any person who is not in the opinion of the Governor-in-Council a natural born or naturalized subject of His Majesty.
against Non-
British (cf.
section 4 (1) of Ordinance No. 1 of 1882).
British
5.-(1.) Whenever during the continuance of any pro- Deportation clamation under the Peace Preservation Ordinance, 1886, Order it shall appear to the Governor-in-Council that the removal against from the Colony of any naturalized British subject (whe- Subjects (cf. ther such person has been naturalized or received a certi- Ordinance ficate of naturalization under any Act or Ordinance) is No. 10 of necessary for the public safety, it shall be lawful for the 1886 section Governor-in-Council to issue a Deportation Order in Form 18).
No. 7 in the Schedule.
(2.) Every Deportation Order issued under the provi- sions of the last sub-section shall be forthwith reported by the Governor to the Secretary of State.
(3.) The Governor-in-Council may issue a Deportation (cf. Article Order in Form No. 7 in the Schedule against any British of the subject not belonging to Hongkong who has been im- China and prisoned in the Gaol in pursuance of any sentence imposed Amendment by His Majesty's Supreme Court in China and Corea.
6. Every Deportation Order shall state the grounds on which it is made and the period during which it is to apply and shall fix the time within which the person, against whom it is made, shall depart from the Colony,
Corea
Order in Council 1910.) Grounds and period to be Deportation
stated in
Orders (of. section 4 of Ordinance No. 1 of 1882).
7. As soon as practicable after the issue of a Deporta- Procedure tion Order the Superintendent of the House of Detention consequent shall cause a copy thereof to be served on the person against on issue of
Banishment whom it is made and shall deliver the original thereof to
Order (ef. the Captain Superintendent of Police, and shall deliver section (3) such person into the custody of a police officer and such of Ordinance person shall thereupon remain in such custody and shall be No. 1 of deemed to be under lawful arrest until he leaves the 1882), Colony,
8. Every person who has been prohibited from residing Penalty for or being within this Colony either by virtue of a Deporta- disobedience tion Order or by virtue of the provisions of section 11 of of Order of this Ordinance, and who without lawful authority or excuse, Banishment
(cf. section is in this Colony after the date of such order or after the of Ordin- time fixed for his departure, and before expiration of the ance No. 1 term of his banishment or at any time contrary to the of 1882 as provisions of section 11 of this Ordinance, shall be guilty amended by
clause 2 of of a misdemeanor, and being convicted thereof shall be
the Bill ap- liable to imprisonment for any term not exceeding five proved by years: Provided that where such person is convicted on H.M. Secre- indictment he shall be liable to imprisonment for any term tary of State
in bis Des. not exceeding three years in cases where the period of
patch of banishment did not exceed fifteen years but exceeded five 30.6.11). years, and to imprisonment for any term not exceeding two years in cases where the period of banishment did not exceed five years and provided also that in any case in which the person, when brought before a Magistrate on any such charge, pleads guilty thereto, the Magistrate may deal summarily with the case and sentence such person to imprisonment for any term not exceeding one year.
9. The Governor-in-Council may issue a new order of New Order Deportation in Form No. 7 in the Schedule against any of Banish- person who has been convicted of au offence against ment (cf. section 8 of this Ordinance.
section 8 of Ordinance No. 1 of 1882).
10. Every person who without lawful authority or Penalty for excuse knowingly harbours or conceals any person, who harbouring has been prohibited from residing or being within the (of section Colony either by virtue of an order of deportation or by 10 of Ordin virtue of the provisions of section 11 of this Ordinance, of 1882). shall be liable on summary conviction to a fine not exceed- ing fifty dollars.
ance No. 1