The danger of adverse external influence has also been a factor influencing the enactment of the Representation of Foreign Powers (Control) Ordinance. Under this legislation a person who is not a properly accredited representative of a foreign power, is precluded from functioning on behalf of any foreign power in the Colony. A measure of control is thus applied, in particular as regards organisations of a commercial nature which are, in fact, representative of or controlled by a foreign power and which consequently are capable of being employed to project the political aims or doctrines of such foreign power.
The general increase in the population of the Colony since the liberation and the heavy incursion of refugees due to the unsettled conditions in China made it imperative to legislate so as to provide machinery for the more expeditious removal of undesirable elements in the population. With this object in view, two Ordinances were enacted in 1949, namely the Expulsion of Undesirables Ordinance and the Deportation of Aliens (Amendment) Ordinance. Under the former Ordinance, a competent authority, after holding a summary enquiry and recording a finding that an individual is undesirable, may make an order expelling such individual from the Colony unless he satisfies the competent authority that he is a British subject or that he has been ordinarily resident in the Colony for 10 years or more. The power
to establish camps is given to the Governor in Council and power to detain and remove undesirables and suspected undesirables is given to police officers. The grounds set out in the Ordinance upon which a competent authority may declare an individual to be undesirable reproduce in general- the grounds upon which a prospective immigrant can be refused permission to enter the Colony under the Immigrants Control Ordinance, 1949. An order of expulsion is final and conclusive subject to revocation by the Governor and is valid for 5 years if not revoked. In view of the fact that the powers afforded by the Ordinance are directly related to the over-population in the Colony, a condition which is liable to change beneficially or adversely, the Ordinance provides that its operation may be suspended or re-imposed by resolution of Legislative Council.
The Deportation of Aliens (Amendment) Ordinance, 1949, amends the 1935 principal Ordinance so as to simplify the process of deportation in the case of aliens who have been convicted of certain scheduled offences, such convicted aliens being now subject to automatic deportation. Under the Ordinance a competent authority, that is to say, an individual officer appointed by the Governor, may order the deportation of an alien convicted of a scheduled offence but the amending Ordinance preserves safeguards against the deportation of any person who is not an alien and further provides for a due
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