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3. Section 8 of the Deportation Ordinance, 1912, is Amendment hereby amended as follows:----
(a.) by the deletion of the words--
"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".
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at the end of sub-section (1) thereof, and by the substitution therefor of the words---
"and provided also that in any case in "which the person is brought before a Magis- "trate on any such charge the Magistrate may, "if he thinks fit, deal summarily with the case "and sentence such person to imprisonment
for any term not exceeding one year"; (.) by the deletion of the words--
+6
'provided that in any case in which the "prisoner when brought before a Magistrate
66
on any such charge, pleads guilty thereto, "it shall be lawful for the Magistrate to deal "summarily with the case, instead of commit- "ting the prisoner for trial at the Supremne "Court"
at the end of sub-section (2) thereof, and by the substitution therefor of the words---
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“provided that in any case in which the person is brought before a Magistrate on any such charge the Magistrate may, if he "thinks fit, deal summarily with the case and
14
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sentence such person to imprisonment for any term not exceeding one year".
Objects and Reasons.
The object of this Bill is threefold. In the first place it has been pointed out that the provisions of section 4 of the Deportation Ordinance, 1913, might possibly be con- strued to apply to British subjects. As this was not the intention contemplated by the section, the present Bill lays down with precision the cases in which the provisions of the section do not apply.
It will be observed that the Bill provides that the provisions of section 4 of the Deportation Ordinance, 1913, shall not apply to those classes of persons for which under the provisions of sections 3, 5, 9 and 11 the Deporta- tion Ordinances of 1911 and 1913 specifically provide. The Bill specifically prescribes that, subject to these exceptions and to the further exception mentioned later, the provisions of section 4 of the Ordinance shall not be applicable to persons who in the opinion of the Governor- in-Council are natural-born or naturalized subjects of His Majesty,
The second object of the Bill is to add to the powers of deportation which already exist under the local law the additional power to deport a class of persons with which it has not been hitherto possible to deal in any way under the present enactments. This class consists of persons who although born in the Colony are not of British parentage on either side, a limitation being added that these new provisions shall not apply to any person who has obtained a certificate of his British birth or who is registered in a British Consulate in China as a person entitled to British protection in that country; it is also proscribed that all the formalities of section 4 of the Deportation Ordinance, 1913, shall in any such case be complied with and that any deportation order issued under the new powers must be immediately reported to the Secretary of State.
The third object of the Bill is to remove a doubt which at present exists as to whether a magistrate has any power to deal summarily with a case of disobedience of a depor- tation order, or of disobedience of an order of banishment, unless the defendant pleads guilty. It seems very desirable that the magistrates should have this power.
J. H. KEMP,
Attorney General.
of section 8 of Ordinance No. 9 of 1912.
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