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Report on an Ordinance entitled An
Ordinance to amend the Deportation
Ordinances, 1912.
A Draft of this Ordinance was submitted to the Secretary of State
under cover of a Despatch from His Excellency t e Governor, No.82, det
7th arch 1913 and the Secretary of State signified his approval of such
draft in his Despatch No.106, da ed 17th April 1913. of the draft as
approved the Ordinance as passed presents very slight modification.
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Section 1 of the Ordinance is formal.
3/- Section 2 of the Ordinance repeals Sections 3, 4 and 5 of the Depor-
tation Ordinance 1912 (Ordinance No.9 of 1912) and substitutes therefor
three new Sections.
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Tew Section 3.
(a) Sub-section (1) gives the Governor-in-Council power summarily
to deport any person convicted of any offence in the Colony who
is not a natural born or naturalized subject of His Lajesty and
whom it is desirable to deport. This power no doubt existed
already under the provisions of Section 4 of the Deportation
Ordinance, 1912 but was not there very clearly expressed.
(b) Su-section (2), gives the Governor-in-Council power summarily
to deport any British subject not belonging to Hongkong who has
been imprisoned in the Gaol of the Colony in pursuance of any
sentence imposed by His Majesty's Supreme Court in China.
This
power existed under Sub-section (3) of Section 5 of the Deporta-
tion Ordinance, 1912.
Sub-section (3) provides for the form of any Deportation order
issued under the provisions of new Section 3,
Section 4. This Section is divided into eleven Sub-sections whic
te a re-arrangement and some simplification of the provisions of
5 of the Deportation Ordinance, 1912. New Section 4 provides
a it appears to the Governor-in-Council that there are reasonable
(3) 357
grounds for enquiry as to whether any person not included in the clas-
ses of individuals specifically dealt with under other Sections of
the Ordinance should be deported the Governor may issue a warrant
authorizing the Captain Superintendent of Police to detain the person
in question (Sub-sec. (1) ): such person may be detained either in
the House of Detention or in police custody (Sub-sec. (2) ): the
Registrar General is notified of the detention (Sub-sec. (3) ); and
holds the necessary interview with the detained person and asks the
reuisite questions, there here being introduced a modification of the
old procedure to the effect that if the detained person is unable to
give any satisfactory answer to the charge which is made against him
the remainder of the questions formularized for enquiry at the inter-
view need not be pursued (Sub, sec. (4) ): a record of what passed at
the interview is kept and signed as correct (Sub-sec.(5) ); and this
report is transmitted to the Colonial Secretary for the consideration
of the Governor-in-Council (Sub-sec.(6) ): if the period of detention,
which under s.8. (1) is limited to six days, is found to be inadequate
for the purpose of a proper investigation a renewal of the warrant of
detention for a further period of four days is permissible (Sub-sec.
(7) ): a lagistrate may at any time admit any person detained, to bail
(Sub-sec.(8) ): if on consideration of the report submitted to the
Governor-in-Council by the Registrar General it is thought that the
person to whom such report relates should be deported, power is given
to the Governor-in-Council to deport such person (Sub-sec.(9) ): the
Colonial Secretary may direct the release of any detained person by
direction of the Governor (Sub-sec. (10) ); the form of Deportation
Order is provided in Sub-sec. (11) ).
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'ew Section 5.
(a) Sub-sec. (1) re-enacts with a slight modification the provi-
sions of Section 5, s.s. (1) of the Deportation Ordinance 1912)
In the old Ordinance it was provided that "whenever during the con-
"tinuance of any Proclamation under the Peace reservation Ordinance,
1886, it should appear to the Governor-in-Council that the removal
from the Colony of any naturalized British subject was necessary for
"the public safety such person could be deported". Under the new Sec. 5