Elasticsearch search is being refreshed. Please retry in a moment.

CO129-530-9 Deportation Amendment Ordinance- 1931 2-4-1931 - 14-12-1931 — Page 59

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

61

7. The provisions of the new section 3A (4) and (6),

though not re-enactments of any express provisions of

the principal Ordinance, merely enact the practice which

obtains and which seems to be required by the language of sub-section 4(10) (3A (8) in this Ordinance) and of

Form No. 3 in the Schedule to the principal ordinance. 8. The new section 3B (1) authorises detention where

necessary in cases where the summary procedure is adopted. The new section 33 (2) is derived from the old section

4(9) and authorises the further detention of persons

already in custody for periods of seven days at a time

where such detention is necessary to complete the inquiry

or proceedings. The period of four days hitherto

authorised has been found insufficient.

9. The new section 4(1) is practically a re-enactment

of section 4(13) and (14) of the principal Ordinance. Paragraph (e) of the sub-section has been extended so as

to include mandated territory.

10.

Sub-sections (2) and (3) of the new section 4

insist on long procedure in the presence of a judge in

chambers and a report from the judge as to whether or not the allegations are in his opinion well founded in the

case of the deportation of British subjects.

11.

The new sections 4A and 45 are with slight verbal

changes re-enactments of section 4(2) and (3) of the

principal Ordinance. The new section 40 is suggested by section 12(6) of the Aliens Order and authorises

courts and magistrates to recommend aliens for banishment.

Sections 3, 4, 5 and 6 of this Ordinance effect

12.

the repeals of the provisions relating to the exclusion of banishees from certain parts of the Empire referred to

in paragraph 3 of this Report.

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.