CO129-479 - Governor Sir Stubbs - 1923 [1-3] — Page 493

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„Istensi yarrzoJJā

Copy. No. 197/1921.

Sir.

Enclosure

488

2.

Government House,

Hongkong,

19th January, 1922.

With reference to your telegram of the 30th November, 1921, and subsequent correspondence, I have the honour to ask for your assistance in the interpretation of the various enact- ments relating to the transhipment at Hongkong of British sub- jects deported from Shanghai. The enactments in question will

be more familiar to the British authorities in China than to

this for ermment, and it may be that the difficulŝties referred

to below have already been considered and solved. It is import- ant that the procedure should be clear because at any time some

deportes may be prepared to contest the validity of acts done

or to be done in this Colony in connection with his deportation

2. The first difficulty in the case of Graham Bushby

was that while the warrant of the Judge purported to require the master of the 5.3. "Eastern" to convey Bushby in sustody to

Australia, it does not very clearly appear from Article 83(7)

and (8) of the China Order in Council, 1904, that there is any power to require a master to receive and detain a deportee,

though it is clear that the Court on empower him to do so.

3. Even assuming that the above Article enables the

Court to require a master to accept a deportes, if the ship is bound to the place of deportation, it does not filow that the Court has the same power in the case of a ship which is not bound to the place of deportation, or in the case of a ship which though bound to the place of deportation does not sail

from Shanghai.

4. Further, it does not seem quite clear that the Court can even empower the master of a ship sailing from

Hongkong

His Britannic Majesty's Consul-General,

SHANGHAI.