CO129-530-9 Deportation Amendment Ordinance- 1931 2-4-1931 - 14-12-1931 — Page 16

Memorandum

on

Hong Kong Ordinance No. 7 of 1931

Deportation Amendment

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59 16

Mr. Bushe.

Certain objections, hereinafter stated, have been

made by the Chief Justice to sub-sections 4(2) and

4(3) of section 2 of the above ordinance; and it is

desired, in consequence, to determine whether the

said ordinance should be allowed to stand.

Sub-sections 4(2) and 4(3) provide :-

4(2) "No deportation order may be issued against a

British subject unless he shall have been examined

in accordance with the provisions of section 3A"

( i.e. by the Secretary for Chinese Affairs or

by one of his assistants or by a District Officer

or Assistant District Officer and asked the questions

set forth in Form 2 of the Schedule to the Principal

Ordinance No.25 of 1917.) " and unless such examinatian

shall have taken place in the presence of a judge in

chambers."

4(3) "In such cases the report shall be signed and

transmitted by the judge and not by the Secretary for

Chinese Affairs. The opinion required of the judge

in such report shall be his opinion whether or not

the allegations in the fourth question" (i.e. allegations

against the accused see Form No.2 in the Schedule to

Ordinance No. 25 of 1917)" are well founded in fact."

The above two sections were drafted by the Attorney

General in consequence of instructions received from

the Secretary of State in a despatch of the 18th. of

June, 1923. This despatch requested that proposals

be put forward for amending ordinance No.25 of 1917

as amended by No. 19 of 1921, which

permitted the