CO129-482 - Public Offices - 1923 — Page 174

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

MINUTES

.

MINUTES NOT TO BE WRITTEN

his powers

under §3

my sparinghis conty in

Cucer of returned deporties

or pletons who have

completed

A

imprisonment

A

стра

endrames

term

1

above without

to fo

Gor conf

Sext *18/5-

LFE

Would the Governor be

content to have his powers under

this Ordinance more or less permanently

whittled down, because if not, I

should hesitate to write in any

sense the India Office which

implied that such would be the

position. Rather than that I should

have thought that it would have been

better to reconsider the whole

position in order to see whether it

would not be possible to give the

Governor all the powers which he

requires, while at the same time

providing a more defensible method

of procedure.

The 1917 Ordinance

is not a good production, and I

think it is very difficult to

defend the deportation of British

subjects

ON THIS SIDE.

1

172

subjects without trial.

Their

A

X

*# 1917 of amduring

position under this Ordinance is rather worse in some respects than that of an alien, since they do not come under

Section 4 unless and until the Governor is satisfied that they have been guilty of this, that or the other (see Sub- section 14). Their case is therefore pre-judged from the start and the so-

called enquiry which is provided for in the earlier part of Section 4 must in their case be peculiarily farcical.

No doubt, however, it is not desired

to re-open the whole subject, but if

you agree with me that the Governor

might not be satisfied with the modified

application of the Ordinance which is

surgested, I think it would be better to

toi

ask the India Office to concur without

qualification, and if they won't, to

consider whether it would be better to

proceed on the lines of Mr. Gent's

minute or to evolve some scheme which,

while preserving some elementary

principles of juridical procedure, yet

confers upon the Governor all the powers

which he required.

H/B

23/

In our at a for of

22 Die

hein in the exercis

besides limiting her

of his powers and the trace

we lett hein that the question of

:

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