1949-HKRS28-8-16_Part03 — Page 35

Ordinance

No. 19 of 1936. Ordinance No. 4 of 1949.

Compotent authority may expel undesira- bles

after a prescribed inquiry.

Grounds

upon which

a person

may be

found to

be an

undesira-

ble.

"authorized place" means the offices of any competent authority, any place of detention and any place which the Governor may by notification in the Gazette declare to be an authorized place for the purposes of this Ordinance;

"competent authority" means any justice of the peace and any other person whom the Governor may by notification in the Gazette declare to be a competent authority for the purposes of this Ordinance 5

"enabling document" means a document which entitles the holder to obtain any valuable thing or to do any act or the possession of which renders lawful an age which would otherwise be unlawful or the failure to possess which, whether generally or in connection with a particular act, is unlawful or renders the doing of such act unlawful;

"individual" includes more than one person but does not include any public or charitable institution;

"place of detention" meuns any prison any bonse of detention under the Deportation of Aliens, Ordinance, 1935, any place of detention under the Immigrants, Control: Ordinance, 1949, and any accommodation camp for the accommodation of undesirables;

"suspected undesirable" means an individual whom a police officer suspects would after a prescribed inquiry be found to be an undesirable;

"unlawful structure" means any erection which consti- tutes a nuisance whether by virtue of any enactment or al common law or the erection state or condition whereof is prohibited by or constitutes a contravention of any enactment,

3. The competent authority may, after such inquiry as is hereinafter prescribed and after recording a finding that a person is undesirable, make an order expelling such person from the Colony unless such person has satisfied the competent authority either that he is a British subject or that he has been ordinarily resident in the Colony for a period of ten years or more.

4.

A person may be found to be an undesirable if he (a) is diseased, maimed, blind, idiot, lunatic or decrepit not having the means of subsistence and may be hindered by his state from earning a livelihood; or

(b) is unable to show that he has in his possession the means of decently supporting himself and his dependants, if any, until he obtains a livelihood; or

3

(c) is a person likely to become a vagrant, beggar or a charge upon any public or private charitable institution; or

(d) is a person suffering from a contagious disease which is loathsome or dangerous; or

(e) has been removed from any country or state by the Government authorities of any such country or state for any reason whatever: or

(f) is suspected of being likely to promote sedition or to cause a disturbance of the public tranquillity; or

(g) has been convicted by a competent court outside the Colony of an offence which if committed in the Colony would constitute any of the offences specified in the First Schedule (r the Chinese Extradition Ordinance, 1889; or

Ordinance No. 7 of

(b) is a prostitute, a person living on the earnings of 1889. prostitution or a person of known immoral character; or

() is not in possession of such certificates as may be necessary under the Quarantine Regulations in force; or

() is prohibited from entering the Culony under any other enactment for the time being in force; or

(A) is found squatting or dwelling in any unlawful structure or in any tunnel or cavity or in any place which has been declared by a health inspector to be or to be likely to become dangerous to health and cannot satisfy the competent authority that he has reasonable prospect of obtaining dwelling accommoda- tion in a building which is not an unlawful structure; or

(D) being a person required by virtue of any enactment to be in possession of an enabling document or to register is not in possession thereof or has not registered and has no reasonable explanation to offer for such lack of possession or failure to register; or

(n) is by virtue of any other enactment declared or deemed to be an undesirable person within the meaning of this Ordinance; or

(n) is a dependant of an undesirable : Provided that no person under the apparent age of sixteen years shall be found to be an undesirable if he is dependent on an individual other than an undesirable and such individual is pro- viding him with the means of subsistence either in pursuance of a legal liability or in pursuance of any moral obligation which the competent authority may deem sufficient.