Power to deport.
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(b) a person who has committed or is committing an offence under section 38(1) or section 41. whether or not he has been convicted of that offence; or
(c) an undesirable immigrant who has been ordinarily
resident in Hong Kong for less than three years.
(2) A removal order shall not be made under subsection (1)(6) against a person who has the right to land in Hong Kong by virtue of section 8(1),
(3) A removal order shall not be made under subsection (1)(c) against an immigrant who is a United Kingdom belonger except after consideration by the Governor of the report of a Deportation Tribunal under section 23, unless the Governor certifies that the departure of the immigrant from Hong Kong is necessary in the interest of the security of Hong Kong or for political reasons affecting the relations of Her Majesty's Government in the United Kingdom with another country.
(4) A removal order made against a person shall invalidate any permission or authority to land or remain in Hong Kong given to that person before the order is made or while it is in force.
20. (1) The Governor in Council may make a deportation order against an immigrant, other than a Chinese resident, a United Kingdom belonger or a resident United Kingdom belonger,
(a) the immigrant has been found guilty in Hong Kong of an offence punishable with imprisonment for not less than two years; or
(b) the Governor in Council deems it to be conducive to the
public good.
(2) Subject to subsection (3), the Governor in Council may make a deportation order against a Chinese resident or a United Kingdom belonger, other than a resident United Kingdom belonger, if
(a) such person has been found guilty in Hong Kong of an offence punishable with imprisonment for not less than two years; or
(b) the Governor in Council deems it to be conducive to the
public good.
(3) The Governor in Council shall not make a deportation order against a Chinese resident or a United Kingdom belonger under subsection (2) except-
(a) on the recommendation of a court under section 21;
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(b) after consideration of the report of a Deportation
Tribunal under section 23; or
(c) where the Governor certifies that the case concerns the security of Hong Kong or the relations of Her Majesty's Government in the United Kingdom with another Country.
(4) The Governor in Council may make a deportation order against a resident United Kingdom belonger if the Governor ja Council deems it to be conducive to the public good on the ground that the departure of such person from Hong Kong is necessary in the interest of the security of Hong Kong or for political reasons affecting the relations of Her Majesty's Govern- ment in the United Kingdom with another country.
(5) A deportation order shall require the person against whom it is made to leave Hong Kong and shall probibit him from being in Hong Kong at any time thercafler or during such period as may be specified in the order.
(6) If a deportation order is in force against a person who has the right to land in Hong Kong by virtue of section 8(1), such right shall cease while the deportation order is in force.
(7) A deportation order made against a person shall invali- date any permission or authority to land or remain in Hong Kong given to that person before the order is made or while it is in force.
(8) For the purposes of this section and section 21, the question whether an offence is one for which a person is punishable with imprisonment shall be determined without regard to any Ordinance restricting the imprisonment of young offenders.
21. (1) Where an adult Waited Kingdom belonger who is liable to deportation under section 20(2) or an adult Chinese resident has been found guilty of an offence punishable with imprisonment for not less than two years, any court having power to sentence him for that offence may recommend that a deporta- tion order be made against him.
(2) A court shall not recommend that a deportation order be made against a person unless that person has been given not less than seven days notice in writing stating that such person will be given an opportunity to make to the court representations with respect to the making of such a recommendation; and, for the purpose of enabling a notice to be given under this subsection or, if a notice was given less than seven days previously, for the purpose of enabling the required seven days to elapse, the court
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