16
persons, but the Executive Council advised
that the orders should not be executed since
the banishment of the men could not be held to
be "necessary for the public safety or welfare",
the condition required by the Straits Settlements
Banishment Ordinance. A copy of my
correspondence with the Governor of the Straits
Settlements is enclosed, from which you will
observe that I have approved the amendment
of the law in order to provide powers for the
banishment of such persons, and have suggested
that the object could most conveniently be
achieved by the adoption of the wording contained
in Article 12 (6)(c) of the Aliens Order 1920.
3. This wording has already been adopted
in Section 3(2) of the Hong Kong Deportation
Ordinance No.25 of 1917, but this Sub-
Section hasbeen so worded as to make "the
occasion of emergency or public danger" a
condition precedent. Moreover, it seems
clear that the wide powers conferred by
Section 4 (1) must be regarded as subject to
the provisions of Section 3,i.e. that the
words
Fr.Gov.Straits Tel. 29th April
Fr.Gov.Straits Secret 30th April.
To Gov.Straits Tel 17th May
To Gov. Straits. Secret