cord
7.
29.
charges of misconduct but did not include the third.
83
In the action the Appellant contended that the proceedings
throughout were wrongful and ultra vires for a nember of
reasons which will be found set out in para.15 of the
30.
51.
Statement of Olaim and alleged that the proceedings were not
justified by the Deportation Ordinance. Alternatively it was
contended for the Appellant that the Deportation Ordinance
was ultra vires of the legislature. In either event it was
contended that the deportation order was invalid.
The
Appellant further contended that the taking of his finger
prints and his physical examination in Victoria Gaol
constituted an illegal asault.
For the Respondents it was contended that certain of the
Appellant's complaints were not suported by the facts. It
was further contended that the Deportation Ordinance was
validly passed: that the proceedings were duly autkrised
proceedings under the Ordinance and that the demortation
order was valid.
With regard to the Appellant's claim for asasult it was
contended for the Respondents that the facts roved or
admitted did not in law constitute an assault.
It was
further contended that the acts complained of were duly
14