In any further communication on this subject, please quote
9298/9298/388
and address→→
not to any person by name,
but to-
The Under-Secretary of State,"
Foreign Office,
London, S.W.1.
HK
RECEIVED
6- SEP 1933 C. O. Y
உஉ
FOREIGN OFFICE.
S.W.1.
4th September, 1933.
(4)
sir,
With reference to your letter No.13790/33 of the 16th
ultimo regarding proposed amendments of the Hong Kong
Deportation Ordinance, I am directed by Secretary Sir John
Simon to inform you that the amendment to Section 5 does not
appear to be one on which any observations by this Department
are required.
2. In respect of the proposed amendment to Section 6
(1) (a), Sir John Simon concurs, subject to the views of
the Secretary of State for the Home Department, in the
proposal to allow to the Governor discretionary power to
deport a person to his national state notwithstanding that
ne may be wanted by the authorities on a non-extraditable
offence.
3. As regards the words "country or other territory to
"which in the opinion of the Governor such person properly
"belongs", it is of course essential before proceeding to
the deportation to establish that the deportee is a
national of the country of destination, and (subject to the
further discussion of this question, in the event of dispute,
through the diplomatic channel) it is the Government of that
country which is competent to determine whether or not
the deportee possesses the nationality of that country.
Valid travel documents issued by the authorities of the
The Under-Secretary of State,
Colonial Office.
country