CAP. 242]
[8. 4 cont.]
37 of 1950, Schedule.
(Cap. 177).
Nature of prescribed inquiry.
9 of 1950, Schedule.
(Cap. 227).
Expulsion of Undesirables.
(k) is found squatting or dwelling in any unlawful structure or in any tunnel or cavity or in any place which has been declared by a health inspector to be or to be likely to become dangerous to health and cannot satisfy the competent authority that he has reasonable prospect of obtaining dwelling accommodation in a building which is not an unlawful structure; or
(l) being a member of a class which has been required to register under the Registration of Persons Ordinance, has failed to register and has no reasonable explanation to offer for such failure to register;
or
(m) is by virtue of another enactment declared or deemed to be an undesirable person within the meaning of this Ordinance; or
(n) is a dependant of an undesirable:
Provided that no person under the apparent age of sixteen years shall be found to be an undesirable if he is dependent on an individual other than an undesirable and such individual is providing him with the means of subsistence either in pursuance of a legal liability or in pursuance of any moral obligation which the competent authority may deem sufficient.
5. (1) The prescribed inquiry shall be an inquiry into the matters by reason whereof it is alleged that a person is undesirable and shall be held by the competent authority in an authorized place in the presence of the alleged undesirable.
(2) Such inquiry shall, save so far as the contrary appears, be held in accordance with the procedure prescribed for the trial of summary offences under the Magistrates Ordinance.
(3) No information or summons shall be required and the inquiry shall commence with the competent authority informing the alleged undesirable of the reasons for such allegation and of the consequences of a finding by the competent authority that he is an undesirable.
(4) The competent authority shall then ask the alleged undesirable whether he admits the allegations or whether he wishes the competent authority to inquire further therein.
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