}
NOTE BY SECRETARY OF STATE'S LEGAL ADVISER ON
HONG KONG ORDINANCE No. 4 OF 1949.
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1. The suggestion was made in the previous note on the Ordinance that it might be useful to include in it provision for expulsion or deportation by the Governor of an immigrant whose presence in the Colony is unlawful. In making this sug estion attention should have been drawn at the same time to paragraph 6 of the 1933 Report of the Departmental Committee on the Deportation of British subjects from the Colonies, etc. (a copy of which is attached) in which it is stated that a deportation order should in all cases be preceded by a judicial enquiry or judicial proceedings. Normally this principle should be applied in immigration legislation as much as in deportation legislation although it was not so applied in the Kenya Ordinance Ko. 7 of 1948 to which reference was made.
दे A point which should also have been made clear in, the earlier note is that there would be objectic to making provision for deportation in immigration legislation except so far as immigrants proper are concerned. The principles governing this point are laid down in paragraphs 5,8 and 9 of the 1933 Report referred to above. gain, unfortunately, these principles were not adhered to in Section 5(3) of Kenya Ordinance 7 of 1946 and it should not thereford be taken as a model if a similer provisionis introduced in Hong Kong.
3. In Section 2(1)(a), after the words "British protected person" there should be inserted the words
.....(as defined in the British Nationality Act, 1940). It is also considered that there should be inserted, as subsection (4) of section 2, the following:-
" (4)
This Ordinance shall have effect
in relation to citizens of the Republic of Ireland who are not British subjects in like manner as it has effect in relation to British subjects."
17
11. In paragraph 3 of the 1933 Report it is laid down as a general principle that. British subjects who "belong" to a territory should not be refused admission to it; and, further, the classes of British subjects who are to be regarded as "belonging" to a territory are defined. It is however observed that in the Hong Kong Ordinance, the combined effect of the definition of "immigrant" in Section 2(1)(d) and the provisions of Section 11(1) is that any British subject who belongs" to Hong Kong, by reason of bis coming within any one of the classes set out in (a), (b) and (c) of paragraph 3 of the 1933 Report, haay other than the class which "elongs" by reason of birth i Hong Kong,)may, if he also comes within any one of the various categories specified in Section 11 (1), be refused admission.
5. The provision in Section 33(1) is of the type to which attention was drawn in the Circular Despatch of the 13th December, 1948, and is, similarly open to objection,
accordingly,
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