Enclosure 2.

C. O.

10255

RECR

FC09 27 MAY 12

ATTORNEY GENERAL'S CHAMBERS,

16

Hongkong... 20th: April,

1912.

Report on Ordinance No.... of 191z.

7.

}:

I have examined the accompanying Ordinance entitled

"An Ordinance to provide for the deportation of undesi-

rable aliens and certain other persons."

and I am of opinion that the Ordinance is one which is not contrary to the Governor's Instructions, This Ordinance amends and in some respects simplifies the law re- lating to banishment,in future te be styled "deportatien", and it con-

solidates the Ordinances relating thereto.

The words "House of Detention" instead of "gaol" are used as being

a more applicable expression in the case of banishment.

Section 3 is new and is intended to enable any person whose banish-

ment is under consideration to state his own case against banishment

and will enable the Governor-in-Council to check the charges and pursue

his enquiries with greater certainty of giving a just decision than

seems possible under the existing law. The fact that the person ques-

tioned is under lawful arrest and in the House of Detention and that no

caution is administered will it is thought safeguard his interests by

preventing the use against him of his answers in other proceedings (R.

Gavin 15 cox 336, R. v. Male 17 cox 689; R. v. Histed 19 cox 16; R.

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