Enclosure No. 4.
49
Hon. Colonial Secretary,
The questions involved are difficult to
solution and it is, perhaps, that difficulty which
caused, or at any rate contributed to, the long delay in carrying out the instructions of the 18th June, 1923.
If an enquiry with all the incidents of a criminal
trial is intended by the expression "full enquiry" it
must be admitted that rdinance No. 7 of 1931 does not
provide for a full judicial enquiry; but it does
interpose as a safeguard against the deportation of
British subjects that the existing statutory
examination or enquiry known as "long procedure" should
be taken in the presence of a judge, whose opinion as
to whether or not the allegations against the accused
are well founded in fact, is submitted to the
Executive Council before a decision for or against
deportation is reached. Section 7 of the new
Ordinance also provides the further safeguard that where
the Deportation Order is made contrary to the opinion
expressed by the judge, full particulars must be sent
forthwith to the Secretary of State. The new
Ordinance also (in the new sub-section 3A(4) (6) and
of the principal Ordinance enacted by section 2) gives
legislative sanction to the practice of calling
witnesses and adjourning the enquiry which has grown
up under the existing long procedure before the Secretary
for Chinese Affairs. I feel no doubt that the
Legislature would give similar sanction to any practice or procedure the judges may determine as proper to
enable them to discharge the function imposed on them
by the new Ordinance. The new Ordinance does not
determine