7.0. 9529.71 Hay Kany 1957
MINUTE PAPER.
Sept. 2
22114
House of Commons.
Admiral Agent
3
The Earl of Kimberley a copy of the Report which was received from those Officers, together with an extract of a despatch from Her Majesty's Ambassador at Paris stating that Report was communicated.
Jam, Sir,
York, &c., &c.,
Your obedient, Humble Servant,
Henewal
HE ST
12...
12270 76.
12444
65
Br
For Holland.
9529
275
The 7th Section of Ordinance 2 of 1857 authorizes the Governor to deport, but does not state where the deported person is to be sent.
By the schedule of coming despatches I learn that more Chinese have been sent from Saigon to Hong Kong in another French Vessel.
30/9/71
The Law Officers are correct in assuming that Hong Kong was authorized by local ordinance to deport the Chinese, but it has been decided by the Law Officers, and by the present Attorney General, that no colonial Statute can properly authorize deportation, and in Lord Kimberley's Despatch No. 67 of 9 Dec. 1870 the Governor was directed to repeal the 7th section of Ordinance 9 of 1857, a Banishment Ordinance.
It is therefore mentioned, whether their Deportation, though in terms authorized by local laws, was legal. At the same time