nclosure No.1 in Canton despatch No. 188 of December 9th, 1929.
Extract from "South China Morning Post" Dec. 1929.
DEPORTATION LAW.
More Powers for the Governor-in-Council.
19
FOLLOWS HOME ACT.
The Gazette contains the draft of a Bill to amend the Deportation Ordinance of 1917.
The object of this Ordinance is to amend section 3 (2) of the Deportation Ordinance, 1917, so as to make it agree with the form of the Aliens Order, 1920, which is in force in the United Kingdom. In future the sub-section will read:
3.
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(2) The Governor in Council may at any time summarily issue a deportation order against any person who in his opinion is an dien, if he deems it to be conducive to the public good that such an order should be issued.
It has been held in various cases that the Secretary of State when making a deportation order under the Aliens Order is not required to justify in a court of law his reasons for making the order, and is not bound to hold any inquiry or even to give the person concerned an opportunity of being heard.
In ex parte Bressler (1924) 88 J.P.89 (C.A.), however, the Court of Appeal expressed the opinion that it is desirable that the deportation order in such a case should contain a reference to show under what particular statutory provision it was made.
This point is dealt with in the new Form No.7A inserted in the principal Ordinance by section 5 of this Ordinance. Sections 3 and 4 of this Ordinance deal with the same point.