Memorandum
on
Hong Kong Ordinance No. 7 of 1931
Deportation Amendment
کھ
59 16
Mr. Bushe.
Certain objections, hereinafter stated, have been
made by the Chief Justice to sub-sections 4(2) and
4(3) of section 2 of the above ordinance; and it is
desired, in consequence, to determine whether the
said ordinance should be allowed to stand.
Sub-sections 4(2) and 4(3) provide :-
4(2) "No deportation order may be issued against a
British subject unless he shall have been examined
in accordance with the provisions of section 3A"
( i.e. by the Secretary for Chinese Affairs or
by one of his assistants or by a District Officer
or Assistant District Officer and asked the questions
set forth in Form 2 of the Schedule to the Principal
Ordinance No.25 of 1917.) " and unless such examinatian
shall have taken place in the presence of a judge in
chambers."
4(3) "In such cases the report shall be signed and
transmitted by the judge and not by the Secretary for
Chinese Affairs. The opinion required of the judge
in such report shall be his opinion whether or not
the allegations in the fourth question" (i.e. allegations
against the accused see Form No.2 in the Schedule to
Ordinance No. 25 of 1917)" are well founded in fact."
The above two sections were drafted by the Attorney
General in consequence of instructions received from
the Secretary of State in a despatch of the 18th. of
June, 1923. This despatch requested that proposals
be put forward for amending ordinance No.25 of 1917
as amended by No. 19 of 1921, which
permitted the