CO129-444 - Governor Sir May & Acting Governor Claud Severn - 1917 [10-12] — Page 160

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4 The Ordinance endeavours to make it quite clear that the discretion of the Governor in Council is to be absolute. Section

The words "liable

13 was drafted with this object in view.

to deportation" were intended to refer to any conditions precedent required by the Ordinance, such as conviction or alien nationality.

The words "should be deported " were intended to refer to all

other considerations guiding the Governor in Council in his decision. In many cases which fall under the longer procedure now regulated

by section 4 of this Ordinance there is no statutory condition pre- cedent, other than that of alien nationality, and the question in

such cases is whether having regard to all the facts of the ca se

the person in question should be deported.

Again, even in cases

faling within the summary procedure of section 3, even where the

statutory conditions precedent are fulfilled, the Governor in

Council may consider that the person in question should not be de-

ported. Indirectly, section 12(1) will assist the argument

under section 13 as it provides that a deportation order signed by

the Clerk of Councils is to be deemed conclusive evidence that the

deportation order was duly and validly made and issued.

5. The general section above referred to is re-enforced by

the language of sections 3 and 4. In section 3(1) (b) the

decision of the question of nationality is left to the opinion

of the Governor in Council, In section 3 (2) the question of

nationality is dealt with in the same way, and the desirability

of deportation in cases falling under that sub-section is also

left to the opinion of the Governor in Council. Section 3 (4)

provides that deportation orders made under the section may be

made upon such information or summary enquiry as the Governor in

Council may think sufficient.

6.