CO129-537-3 Deportation Ordinance- 1932- Bill 8-3-1932 - 28-9-1932 — Page 27

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

COPY:

ENCLOSURE NO.2.

PUISNE JUDGE'S CHAMBERS,

SUPREME COURT,

HONG KONG.

8th March, 1932.

Sir,

27

I have the honour to thank Your Excellency for a

communication dated 2nd March, 1932, (No.1068/15.c.) in which I am invited by Your Excellency to make observations upon a draft bill intituled "An Ordinance to consolidate and amend the law relating to the deportation of undesirable

persons".

I understand that the Chief Justice will address Your Excellency with reference to a number of details in the bill;

and with his comments I am in agreement.

It is my desire respectfully to submit certain considerations on the broad principles arising in connection with the scheme of the bill. I do not conceive it to be within my province to discuss the policy on which this legislation has been founded. My remarks will be confined to the position under the bill of a British subject, or a claimant to the status of a British subject, against whom

It would the machinery of the bill is to be set in motion. appear to be one object of the bill that, as distinct from an alien, such person should have his liberty protected in this bill. I would submit that the protection afforded is ineffective. In the first place any claim to British citi- zenship is to be adjudicated upon finally and without appeal by the executive. Further, if such claim be allowed, the liberty of the successful claimant still depends on the decision of the same executive authority, whose action is in

no

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