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Repeal of
a. 8 of Ordinance No. 25 of 1917.
Amendment
of a. 9
of Ordinance
No. 25 of 1917.
Amendment
of 8. 10
of Ordinance
No. 25 of 1917.
Amendment
of s. 12
Exclusion of
4
(2) No deportation order may be issued against a British subject unless he shall have been examined in accordance with the provi- sions of section 3A and unless such examina- tion shall have taken place in the presence of a judge in chambers.
(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 are well founded in fact.
4A. No steps or proceedings whatsoever necessity for other than those expressly specified in this steps not
Ordiunuce shall be necessary to the validity of expressly provided for, any deportation order made or purporting to
liave been made under this Ordinance,
Previous 4B. No proceedings whatsoever connected deportation in any manner with any consideration or proceedings to be no bar inquiry under the provisions of this Ordinance, or with any other consideration or inquiry with
to subse- quent
a view to deportation made before or after the deportation commencement of this Ordinance under the proceedings. provisions of any other enactment, shall be any bar to any subsequent consideration or inquiry under the provisions of this Ordinance or to the making of any deportation order thereon.
may
Court or
40. If any court or magistrate bus con- magistrate
victed any alien of any offence, the court or recommend magistrate may recommend that a deportation deportation. order should be made in his case either in
addition to or in lieu of sentence.
3. Section 8 of the Deportation Ordinance, 1917, is repealed,
4. In section 9 of the Deportation Ordinance, 1917, the following words are repealed ;—
"either" and "virtue of" in line 2;
"or by virtue of the provisions of section 8 of this Ordinance or of the provisions of section 11
of the Deportation Ordinance, 1912," in lines 4, 5 and 6 ;
"or at any time contrary to the provisions of section 8 of this Ordinance or to the provisions of section 1 of the Deportation Ordinance, 1912," in lives 9, 10, 11 and 12.
In section 10 of the Deportation Ordinance, 1917, the following words are repealed :-
"either" and "virtue of" in line 3;
"or by virtue of the provisions of section 8 of
this Ordinance, or of the provisions of section 11
of the Deportation Ordinance, 1912," in lines 5, 6 and 7.
6. Section 12 of the Deportation Ordinance, 1917, is amended by the repeal of sub-section (3) thereof and by
of Ordinance the addition of the following words at the end of sub-
section (4) thereof :-
No. 25 of
1917.
"Also any indorsement on any detention warrant issued under this Ordinance, purporting to state the date of arrest of any person under the said detention warraut, and purporting to be signed by the officer who made the arrest, shall, until the contrary is proved, be deemed sufficient evidence that the person referred to was arrested on the date stated."
- 5.
7. Section 14 of the Deportation Ordinance, 1917, is Amendment amended by the deletion of the figures "3 (2)" at the of a. 14 eud thereof and by the substitution therefor of the follow- of Ordinance ing figures and words :-
No. 25 of 1917.
*3 (1) (e). Where the deportation order is made contrary to the opinion expressed in the report of the judge required by section 4 (3) full particulars shall be sent."
8.-(1) Forms Nos. 1 and 4 in the Schedale to the Amendment Deportation Ordinance, 1917, as amended by section 14 of Forms
to Ordinance
of the Police Force Amendment Ordinance, 1929, are Nos. 1, 4 and further amended by the deletion of the words "six days 5 in Schedule and four days" respectively and by the substitution No. 25 of therefor of the words fourteen days" and "seven days" 1917. respectively.
(2) Form No. 1 in the Schedule to the Deportation Ordinance, 1917, is also amended by the deletion of the words "from the date hereof" and by the substitution therefor of the words :-
from the day on which he is arrested, including the day of the arrest ".
(3) The Condition on Form No. 5 in the Schedule to the Deportation Ordinance, 1917, is ameuded by the dele- tion of the words "Superintendent of the House of Detention" and by the substitution therefor of the words "Police Officer in charge at the Central Police Station".
(4) Forms Nos. 7 and 7A in the Schedule to the Deportation Ordinance, 1917 are amended in each case by the deletion of the words "days from the said date be fixed" and by the substitution therefor of the words "days from the date of the discharge of the said person from prison, or from the date of service upon bim of this Order, whichever be the later, be fixed".
9. The reference to section 4 in section 7 of the Depor- Application tation Ordinance, 1917, as amended by section 4 of the of Ordinance Deportation Amendment Ordinance, 1929, shall be deemed No. 25 of to apply to the new section 4 enacted by section 2 of this 1917, s. 7 as Ordinance.
amended by Ordinance No. 34 of 1929, s. 4.
10. Sub-section (7) of section 85 of the Magistrate Repeal of Ordinance, 1890, is repealed.
Passed the Legislative Council of Hong Kong, this 2nd day of April, 1931.
любик
Deputy Clerk of Councils.
Ordinance
No. 3 of
1890,
B. 85 (7).
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