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Appellant was of Chinese nationality. We are of
opinion that it would have been almost impossible
to uphold the validity of this 'Ship' Order and to
have attempted to do so would have led inevitably
to an attack being made upon the motives of the
Governor who made the Order, and the suggestion
that the Government were acting upon pressure by
the French authorities, and not merely for the
purpose of getting the Appellant deported quite
apart from the consideration of the 'Ship' Order
the wider question as to whether or not the appellant
was in the circumstances of this case in lawful
custody under that Deportation Order, is one of very
considerable difficulty. With the greatest respect
to the Court of Hong Kong we think that the Privy
Council may well have taken a different view of
Section 5 of the Ordnance of 1917. As the matter
stands now, no decision has been given by the Judicial
Committee upon that Section or as to the validity of
what was done in this case. The Appeal against
the Order of the Court of Hong Kong has been withdrawn
and that Order stands. The object of the Governor
and the authorities in Hong Kong has been achieved
because the Deportation Order stands and the appellant