Chapter 8
The year 1949 saw the enactment of a
total of 51 Ordinances. In contrast to the legislation of the three preceding years, comparatively little of the 1949 legislation is directly concerned with conditions arising out of the Japanese occupation of the Colony. This fact encourages the belief that the majority of the post- occupational problems, in so far as they required legislation, have been met. The 1949 legislation in the main reflects the need to meet novel social and political conditions within the Colony resulting in particular from the state of civil war and unrest which prevailed in China throughout the year. But opportunity was taken wherever possible to achieve consolidation and simplification of existing laws with particular regard to the needs of a general law revision which has proceeded throughout the year.
LEGISLATION
For example, the Immigrants Control Ordinance, 1949, revised and consolidated existing legislation relating to the entry into and residence in the Colony of persons not born in Hong Kong, and introduced provision for the better control of aliens and for establishing a check on the movements of persons in the Colony who were not born in Hong Kong. The Ordinance consolidates the powers exercised by the Immigration Officer under previously existing legislation, and extends such powers to cover the situation resulting from the increased use of aircraft as a modern method of transport. Although wide powers are given under this Ordinance to the officers required to carry out its provisions safeguards against the arbitrary use of such powers have been carefully pre- served in that an aggrieved person has a right of appeal to the Governor in Council in addition to his right of recourse to the Courts.
The Magistrates (Amendment) Ordinance, 1949, effected considerable revision of the Magistrates Ordinance, 1932. An important amendment enables the appointment of two types of Magistrate-"permanent" and "special". Permanent magistrates are professionally qualified officers and as such exercise greater powers under the Ordinance than do special magistrates who may not be legally qualified. Another amendment eliminates a defect in the principal Ordinance in that power is now given to appoint magistrates by warrant under the hand of the Governor and in this way to limit the jurisdiction and powers of magistrates so appointed. Oppor- tunity was also taken more clearly to define the powers and
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