SAVINGRAM
To the Secretary of State for the Colonies.
From the Governor, Hong Kong.
Date: 16th January 1947.
47
No. 3
SECRET.
Your Secret Saving No.427 of the 19th December asking elucidation of difficulties anticipated as resultant from acceptance of Article 5 (2) of Draft Treaty.
2.
Under paragraph in question deportation would be limited to cases in which subject was regarded by Governor in Council es threat to public order by reason of conviction for seriour offence or because there was reli:ule information as to his enment in criminal practices.
Acceptance of this would curtail power of deportation under section 3 or Deportation of Aliens ordinance, 1935 -
(1) under sup-36ction (1)(a), in that persons banished
from elsewhere (e.g. Straits Setllements) could not be deported from here urless convicted here or shown to be en aging in criminal practices here;
under sub-section (1)(c), in that subject could not be deported although this obviously conducive to the public good (unless convicted, etc.).
(11)
In times of strikes or boycotts agitators from neighbouring provinces may well,rove a menace to public order and it might seriously embarrass authorities if they could not be deported unless they transgressed the criminal lɛw.
3.
The wording of the definition of "public order" is regarded as ojectionable as offering the possibility of challenge by Chinese aut..orities of opinion as to offences being serious or of the reliability of information as to engagement in criminal practices.
4. It is suggested that if Article 5 (2) is accepted in its present form there should be an agreed minute extend- ing the definition to cover cases in which defort tion is regarded as conducive to the public good. It might be pointed out tunt whereas British nationals entering China are usually res onsible business men who are unlikely to be disturbers of the peace experience has shown that a great number of itrusponsible individuals who are potentiul disturbers of public order enter long kong from China.
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