CO129-530-9 Deportation Amendment Ordinance- 1931 2-4-1931 - 14-12-1931 — Page 21

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

C.S.O. 1068/15.

A BILL

[No. 1-31.3.30.-2,]

INTITULED

An Ordinance to amend the law relating to

Deportation.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

PART I.

1. This Ordinance may be cited as the Deportation Short title. Ordinance, 1930.

2. In this Ordinance,

Interpreta- tion.

(a) “British subject" means a natural-born British subject and a person naturalized under an Imperial Act or under an Ordinance of the Colony.

(b) "Commencement of proceedings under this Ordi- nance in any case where a detention warrant is issued under section 8 means the date of issue of such warrant, and in any other case means the date on which the Governor first authorises the taking of any particular step in such proceedings, whether such step be the making of a deport- ation order or be some preliminary step.

(c) "Defendant" means a person against whom de- portation proceedings under this Ordinance have been commenced, and includes a person against whom a deport- ation order has been made.

(d) “Period”, with reference to a period of deport- ation, includes the term of the defendant's natural life.

3.—(1) Subject to the provisions of Part II of this Power of Ordinance, the Governor in Council may at any time, if summary be considers it to be desirable in the interests of the peace,

deportation. order or good government of the Colony, summarily issue a deportation order against :-

(a) any person who in the opinion of the Governor in Council has been convicted in Hong Kong of any offence ; or

(b) any person who in the opinion of the Governor in Council has been deported or banished from any British possession or protectorate.

(2) Notwithstanding the provisions of Part II of this Ordinance, the Governor in Council may at any time, if he considers it to be desirable in the interests of the peace, order or good government of the Colony, summarily issue a deportation order against any person who in the opinion of the Governor in Council has been imprisoned in Hong Kong in pursuance of a sentence imposed by His Majesty's Supreme Court for China.

(3) Any deportation order made under sub-section (1) or sub-section (2) of this section may be in the form provided

in the Schedule as Form No. 1, and shall specify the period Schedule.

during which the order is to apply, the time within which Form No. 1. the defendant must leave the Colony, the provision under

which the order was made, and the grounds upon which the order was made.

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