CO129-478 - Public Offices & Others - 1922 — Page 111

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public safety.

2.

This measure was drawn up on the

lines of the China (Amendment) Order-in-

Council, 1920, except that it provided for the

deportation order to be issued by the Governor-

in-Council, instead of by an Order of Court

after a judicial enquiry.

In a confidential despatch the Governor wrote

that the provision in question was intended

primarily for use in a special class of case

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that of undesirable Indians, and that it was necessary

to have power to deport Indians of known bad

character and disloyal sentiments in order to

prevent the spread of disaffection among the

Indian troops and Police in Hong Kong.

3.

The Government of India has protested

against the possession of such a power by the Governor-in-

Council and has pressed for the alternative

machinery provided for in the Order in Council.

4. In this connection it may be pointed

out that there exists a clear distinction between

the Order-in-Council 1920 and the provisions of

the Hong Kong Ordinance, which does not seem to

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be appreciated by the Government of

India. The Order in Council provides

for the punishment of offences defined in

it, whereas the Ordinance is concerned

with the prevention of anticipated

disturbances by executive action.

In the former case a judicial enquiry

is clearly called for: in the latter,

assuming the necessity for the provision

the decision would seem to rest more

appropriately

with

the Executive

Council, based, as it would be, on a

report by a responsible officer after

the person against whom action is

contemplated had been given full

opportunity of explanation and protest.

5.

The Officer Administering the

Government of Hong Kong has however,

expressed the view that in the peculiar

circumstances of the Colony the ordinary

procedure of a judicial enquiry and an

be

Order

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