(e) has acted, is acting, or is about to act, whether within or without the Colony, in a manner prejudical to public safety, or to the defence, peace or security of His Majesty's dominions, or any part thereof, or of any territory which is under His Majesty's protection or in respect of which a mandate is being exercised by the Government of any part of His Majesty's dominions.

(2) No deportation order may be issued against a British subject unless he shall have been examined in accordance with the provisions of section 4 and unless such examination shall have taken place in the presence of a judge in chambers.

(3) In such cases :—-

(a) the judge shall have complete control of the enquiry, both as to its conduct and as to the procedure. He shall be entitled to hear such evidence, whether hearsay or not, on either side as he thinks proper, and to give it such weight as he considers it deserves;

(b) the report shall be signed and transmitted by the judge and not by the Secretary for Chinese Affairs;

(c) the opinion required of the judge in such report shall be his opinion whether or not the allegations in the fourth question are, in his view, proved.

of necessity

7. No steps or proceedings whatsoever other than those Exclusion expressly specified in this Ordinance shall be necessary to for steps not the validity of any deportation order made or purporting to expressly have been made under this Ordinance.

provided for.

deportation

8. No proceedings whatsoever connected in any manner Previous with any consideration or enquiry under the provisions of proceedings this Ordinance, or with any other consideration or enquiry to be no bar with a view to deportation made before or after the com- mencement of this Ordinance under the provisions of any proceedings.

tu subsequent other enactment, shall be any bar to any subsequent

deportation consideration or enquiry under the provisions of this Ordinance or to the making of any deportation order thereon.

magistrate

may

9. If any court or magistrate has convicted any alien Court or of any offence, the court or magistrate may recommend that a deportation order should be made in his case either in recommend addition to or in lieu of sentence; but the existence of convicted or absence of such a recommendation shall not be deemed alien.

deportation to affect the powers of the Governor in Council under this Ordinance.

deportation

10. So soon as conveniently may be after the issue of Service of any deportation order issued under the provisions of this order and Ordinance, the Inspector General of Police shall cause a arrest. copy of such deportation order to be served on the person against whom it is made and such person shall be then taken into custody if on bail or otherwise at large and if already in custody such person shall remain in custody and shall be in either case deemed to be under lawful arrest and in lawful custody until he leaves the Colony.

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