CO129-537-3 Deportation Ordinance- 1932- Bill 8-3-1932 - 28-9-1932 — Page 32

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

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by the Governor in Council in investigating a claim to British nationality. Such a claim might ne cessitate the questioning of the accused person, and a subsequent

deportation order might conceivably be objected to on

the ground that such questioning had taken place and was

not authorised by the ordinance. I would suggest the

consideration of this point by the Attorney General.

6.

With great respect, I should like to say that my main objections to the proposed procedure still remain.

One is that the duties imposed are of a nature not usually imposed on a judge or on any regular judicial officer. The other is that the proposed procedure makes the judiciary part of the machinery of executive action.

I also, with respect, desire to associate myself generally with the letter which the Puisne Judge (Mr. J.R. Wood)

is addressing to Your Excellency on this subject.

I have the honour to be,

Sir,

Your Excellency's most obedient servant,

(Sd). J.H. Kemp.

Chief Justice.

His Excellency,

Sir William Peel, K.C.M.G., K.B.E.

Governor.

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