-11-
62
(5.4 (12) (e) ) the majority would probably be Chinese.
(1) No. 25 of 1917 (rep. No. 39 of 1935).
(m)
This gives the Governor in Council powers of summary deportation and of deportation after enquiry and report similar to the powers conferred by No. 9 of 1912. Again no exception is made in favour of Chinese and again the power of deportation after enquiry and report, though generally not applicable to British subjects, does, under s.4 (14 (a) ), apply to persons born in the Colony of non- British parents in the same circumstances as it does under s.4 (12) (e) of No. 9 of 1912. Furthermore, in the case of deportation after enquiry and report,it is the Secretary for Chinese Affairs who, under s. 4(8), submits the report for the consideration of the Governor in Council; this fact may possibly have no particular significance but it might indicate that the power of deportation was expected to be exercised mainly against Chinese.
No. 39 of 1935.
This ordinance (s. 3) empowers the Governor in Council
(1) to issue a deportation order summarily against any
person whom he finds to be an alien
(i) if such person has, in the opinion of the Governor in Council, been deported or banished from the United Kingdom or any British territory; or
(ii) if such person has been convicted in the Colony of
any offence; or
(iii) if the Governor in Council is of the opinion that
the summary deportation of such person will be conducive to the public good;
(2) to issue a deportation order after enquiry and report against any person whom he finds to be an alien if he is of the opinion that such person should be deported.
Note. This ordinance applies only to aliens (the deportation
of British subjects being dealt with by Nos. 16 of 1936 and 5 of 1937). No exception is made in favour of Chinese and deportation is at the discretion of the Governor in Council. In the case of deportation after enquiry and report it is again the Secretary for Chinese Affairs who makes the report (s. 4 (8) ) c.f. note on No. 25 of 1917.
JC Mc Pelve 6/8/48.