HONG KONG
BILL FOR EXPULSION OF UNDESIRABLES
ORDINANCE, 1749.
3305 118
NOTE
1.
Clause (2)
2.
Clause K
3.
Clause (!)
dsporting
40
Clause (5) (3)
to obtain
adjournment for
Im puspor.
5.
Clause 56
Definition of "enabling document"
below.
as to this definition see the comment on Clause (4) (1)
Definition of 11 suspected undesirable".
It is suggested that this definition should be amended on the following lines, viz:-
undesirable" substitute
For the words "police officer the words "a police officer has reasonable grounds for suspecting to be an undesirable".
It is to be noted that this Clause takes no acc unt of British protected persons or of citizens of the Republic of Ireland.
Paragraph (a)
It is not clear whether the words "not having the means of subsistence" are intended to relate only to "decrepit" persons or to the various other classes of persons specified in this paragraph 21 wate.
Para raphs (b) and (4)
There two paragraphs appear to overlap. With regard to paragraph (g) presumably there would not be any question of -defaulting under this paragraph a person who had adequate
private means.
Paragraph (1)
The effect of this provision, having regard to the definition of "enabling document" in Clause (2) above, is that any person who is not a British subject or a resident of ten years' standing can be deported if e.g. he should be and is not in possession of a driving licence.
Presumably the persons really aimed at here are persons who should be but are not in possession of such documents as are specified in Section 18 of the Immigrants Control Ordinance, 1949.
The effect of this provision will in many cases presumably be that the alleged undesirable will be brought before a competent authority either in ignorance or in doubt as to the reasons for his being brought there. He will again in many cases not have had a proper opportunity to provide himself with advice or to obtain the attendance of witnesses.
It is suggested that some provision should be included enabling him, if he desires to do so, te/procurathe attendance
of witnesses.
Evidence on behalf of the alleged undesirable should, of course, also be recorded.