New Form No. 4.
232
Hongkong.
FORM No. 4.
WARRANT FOR FURTHER DETENTION.
In Government House in the Colony of Hongkong.
To the Captain Superintendent and to each and all of the Police Officers of the said Colony and to the Superin- tendent of the House of Detention in the said Colony.
Whereas
is detained by you or one of yon by virtue of a warrant issued by me under the provisions of the Deportation Ordinance, 1912, and whereas I am satisfied that the said
ought to
be so detained for a further period in order that further enquiry may be made: Now therefore I do hereby order that the aforesaid Warrant issued by me shall be full force and effect for a period of four days after the date on which it would, save for this Order, have expired.
Dated this
day of
(Signed)
191
Governor.
Removes
doubts as to validity of
7. Nothing in this Ordinance shall be deemed to imply that the Governor-in-Council had no power to fix a life period in the case of any prisoner deported and banished under the provisions of the Deportation Ordinance, 1912. nance No. 9 Such power shall be deemed to have existed under the
said Ordinance.
acts done
under Ordi-
of 1912.
Objects and Reasons,
The object of this Bill is to simplify somewhat the pro- cedure which exists under the present law in connection with the banishment of persons from the Colony. In the first place the Bill provides that the Governor-in-Council may summarily deport persons who have been convicted of any crime in the Colony and who are not natural born or naturalized subjects of His Majesty. This power no doubt existed under the Deportation Ordinance, 1912, but was not very clearly expressed in that Ordinance. Secondly the Bill provides that a summary deportation order may be issued by the Governor-in-Council against any British subject not belonging to Hongkong who is imprisoned in the Colony in pursuance of any sentence passed by His Majesty's Supreme Court in China.
This power already existed under section 5 sub-section 3 of the Deportation Ordinance, 1912.
The Bill next re-arranges the provisions of section 3 of the Deportation Ordinance, 1912, which dealt with the procedure which has to be gone through in connection with the banishment of persons whom for any reason it may be desirable to banish but who do not fall within the classes mentioned above or within the classes of those capable of being banished during the coutinuance of any Proclamation under the Peace Preservation Ordinance, 1886, or of deportees from the Straits Settlements or Fede- rated Malay States.
Under this Bill the old procedure is somewhat modified although the principles on which the enquiries to be made as to the desirability of banishing any individual are not materially altered nor are the safeguards of the individual in any way materially diminished.
The principal points of re-arrangement are that the per- sou into whose conduct enquiry is being made is placed normally in the custody of the Police whilst the actual enquiry conducted by the Registrar General or his officers is rendered capable of being somewhat shortened in the event of the person under conviction being unable to give any answer to the charge preferred against him.
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