CO129-530-9 Deportation Amendment Ordinance- 1931 2-4-1931 - 14-12-1931 — Page 49

Enclosure No. 4.

49

Hon. Colonial Secretary,

The questions involved are difficult to

solution and it is, perhaps, that difficulty which

caused, or at any rate contributed to, the long delay in carrying out the instructions of the 18th June, 1923.

If an enquiry with all the incidents of a criminal

trial is intended by the expression "full enquiry" it

must be admitted that rdinance No. 7 of 1931 does not

provide for a full judicial enquiry; but it does

interpose as a safeguard against the deportation of

British subjects that the existing statutory

examination or enquiry known as "long procedure" should

be taken in the presence of a judge, whose opinion as

to whether or not the allegations against the accused

are well founded in fact, is submitted to the

Executive Council before a decision for or against

deportation is reached. Section 7 of the new

Ordinance also provides the further safeguard that where

the Deportation Order is made contrary to the opinion

expressed by the judge, full particulars must be sent

forthwith to the Secretary of State. The new

Ordinance also (in the new sub-section 3A(4) (6) and

of the principal Ordinance enacted by section 2) gives

legislative sanction to the practice of calling

witnesses and adjourning the enquiry which has grown

up under the existing long procedure before the Secretary

for Chinese Affairs. I feel no doubt that the

Legislature would give similar sanction to any practice or procedure the judges may determine as proper to

enable them to discharge the function imposed on them

by the new Ordinance. The new Ordinance does not

determine