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(2) If the judge certifies that in his opinion the defend- ant's claim that he was a British subject at the com- mencement of the deportation proceedings has not been established, and if a deportation order against the defend- ant had not been made before the reference of the claim to the Chief Justice, the matter shall, at the discretion of the Governor in Council, be determined in the manner provided in section 3 or section 4.
(3) If the judge certifies that in his opinion the defen- dant's claim that he was a British subject at the com- mencement of the deportation proceedings has been established, it shall be lawful for the Governor either to order that the deportation proceelings be discontinued and that the defendant, if in custody, be discharged from custody as regards the said proceedings, or to order that the deportation proceedings be continued.
(4) If the Governor orders that the deportation pro- ceedings be continued he shall refer the matter to the Chief Justice, tɔ be heard and determined in chambers by such one of the judges as the julges may mutually arrange, and thereafter any julge may make any order in the matter which such judge may consider necessary for the hearing and determination of the matter.
(5) Upon any such reference being made to the Chief Justice under sub-section (4) any deportation order against the defendant already made shall be deemed to be rescind- ed and shall be cancelled.
(6) Upon any such reference the Governor shall inform the Chief Justice of the grounds on which it is submitted by or on behalf of the Inspector General of Police that the defendant should be deported.
(7) Every such matter shall be heard and determined after such notice to the defendant as the judge may in each case prescribe.
(8) The defendant shall be entitled to be present at every hearing of such matter and, if in custody, shall be brought up on the warrant of a judge in the form provided in the Schedule as Form No, 6.
(9) Upon such hearing the defen·lant may be represent- ed by counsel or solicitor, and the Inspector General of Police may be represented by counsel or solicitor, or by any police officer not below the rank of Assistant Super- intendent, or by any officer in the department of the Secretary for Chinese Affairs.
(10) The evidence of any witness examined at any such hearing shall be given upon oath.
(11) For the purposes of any such hearing and deter- mination the defendant, and the wife or husband (as the case may be) of the defendant, shall be a competent but not a compellable witness.
(12) For the purposes of any such bearing and deter- mination a judge shall have all the powers vested in the Supreme Court or any judge thereof in the ordinary civil juris liction of the Supreme Court with respect to enforc- ing the attendance of witnesses, examining of witnesses, compelling the production of documents, ordering the inspection of property, and punishing persons guilty of contempt.
(13) At the conclusion of any such hearing and deter- mination the judge shall certify whether in his opinion the defendant should in the interests of the peace, order or good government of the Colony be deported.
(14) In forming such opinion the judge shall in every case take into consideration whether in his opinion depor- tation would not inflict too great hardship on the defendant
Schedule. Form No. 6.
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