CO129-530-9 Deportation Amendment Ordinance- 1931 2-4-1931 - 14-12-1931 — Page 47

Sir,

TOPAUSE VO VEL S

Chief Justice's Chambers,

Courts of Justice,

Hong Kong.

10th June, 1931.

47

I have the honour to acknowledge Your Excellency's letter of the 8th June, 1931, with enclosures, relating to the Deportation Amendment Ordinance, 1931, and

I have to thank Your Excellency for the opportunity given

to me to comment again on the matter.

2. The learned Attorney General, in his minute

of the 28th May, 1931, says the general object of the

provisions which I have criticised is to carry out the

instructions of the Secretary of State in his despatch of

the 18th June, 1923. I submit, with all respect, that

they fail to carry out that purpose. What the Secretary

of State asked for was a "full enquiry before a Judge in

Chambers or some similar tribunal". The Ordinance merely

provides that the judge shall put certain formal questions

to the accused person, record the answers, and say whether

in his opinion the allegations in the fourth question are

well founded in fact. It is to be assumed that some

"evidence" will be supplied to the judge, presumably

written statements of the kind hitherto supplied to the

Secretary for Chinese Affairs. It is to be inferred that

the Judge will hear any witnesses called by the accused,

and that counsel are not to be admitted. In my view,

this cannot be said to be a "full enquiry before a judge".

However, the Secretary of State will no doubt say whether

in his opinion the ordinance meets his views.

3.