CO129-537-3 Deportation Ordinance- 1932- Bill 8-3-1932 - 28-9-1932 — Page 7

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MEMORANDUM.

Clause 4.

Sub-Section (5).

If the words "be questioned" are to be substituted for the words "give evidence", it

would appear to follow that the words "the officer" should be substituted for the words "his evidence...

such officer who". (It is also desirable to

empower the officer to cross-examine witnesses called by the perse questioned whether the latten prospective deportee consents to be questioned or not. The present draft will not permit this.) This proposed alteration is due to the Chief Justice's comment that the object of question (8)

allow

is really to have cross-examination, the person being examined already having given his evidence, and it seems, therefore, that Section 4 (6) should also be amended by omitting the words "and of the evidence (if any) given by him" and "and evidence" and, to make it clear that questions asked in cross-examination should be included, The word "the" at the beginning of line 5

should be replaced by "any".

This Section leaves the final procedure

rather in the air for there is no provision for making a Deportation Order after the procedure prescribed has been gone through. The only actual

authority in the Ordinance for issuing such an Order is Section 3 which applies only to summary

proceedings in the case of an alien.

Clause