The power of awarding deportation as a judicial sentence in cases of mendicancy - placing the discretionary Crown power of deportation in such cases in the hands of the Governor under the general terms of Section 4.
As the number you reported in par. 30 of your despatch No. 73 of the 25th July 1877, that this power has been exercised in no less than 300 cases in the year 1876, and the circumstances which indicate that the need for some means of dealing with the influx of immigrants from the continent and the mendicants from South China. I have not, so far as I am aware, received any further account from you of the increase or decrease of mendicancy in Hong Kong - but I am willing that no such warrant against abuse of punishments should be made except by the Governor.
I am of opinion, however, that the power to make orders in these cases should rest on a more defined judicial basis than the general words contained in Section 4, or the power under Section 3 of declaring a mendicant vagrant to be liable to imprisonment in the gaol of the Colony without finding security. I think, therefore, that the repeal of subsection 4 of Section 2 of Ordinance No. 8 of 1858 requires reconsideration.
They were fully considered in Despatch No. 80 of 1876, and Section 15 of that Ordinance was enacted in its place. But the effect of this Ordinance...
Page 138
(HSR)
QF7
!
power of
to award deportation
for as a judicial sentence in
Cades
of mendianey - placing
The discretionary Grown &orken deportation in such cases in the
hands of the Governor.__ under the
General Terms of Rection 4.
As the amber. You reported in par. 30f
You desp. 73 the 25 yf July
1877 that this Jewer have
:
been perciane in no
less than
300 case in the team 1876, an
Jeemed to
Circumstance trich, indicates that the need for some
(HSR)
of dealing with the influx orang.
from Contin and the
Mendicante.
South of China. I have not do far as Jam aware Necione any
further account from you of the
mecase or decrease.
decrease of Mendiancy
in Colang - but which dam willing that no such whe
in the grand against abuse
tanishments should be made
138
Excepte by the Governan
Jam of opinion
hover & make
But the
QF7
order
in these cases thould rest
bitter
who do no
defined
Jeder basis than the general_
words contained in duction tha
or the power under section 3. of Zdeclaring a Frendicant changin < the pean of the Colony of t
L
Jails to find becurity. I think
in
Therefore that the four repeal of
dubsection of of
op
Fection 28 JOrdinamen 8 o 1858
of
refines reconsideration. They
Water Jre fuely defentent in Delicasen 80f 1876 for di
15 of that diane
pricane
Section
macted in fun place. But
The effect of this Ardiana
No comments yet.
Private notes are available after approval.