CO129-543-13 Proposed amendments to Deportation ordinance 22-3-1933 - 11-1-1934 — Page 20

NATIONAL

SCHEME

O MEN

DISABLED

Any communication on the subject of this letter should be addressed to-

THE UNDER SECRETARY OF STATE

HOME OFFICE,

LONDON, S.W.I.

and the following number quoted :—

5

418,469/8.

HOME OFFICE,

RECEIVED

-

- 9 NOV 1933

WHITEHALL.

8th November, 1933.

C. O. REGY

20

Sir,

With reference to your letter (13790/33) of the 16th August

last covering a copy of a despatch from the Governor of Hong

Kong regarding the proposed amendment of the Hong Kong

Deportation Ordinance, 1917, I am directed by Secretary Sir John

Gilmour to say, for the information of Secretary Sir Philip

Cunliffe-Lister, that he has no observations to offer on the

amendment proposed in section 5 of the above mentioned ordinance,

but the addition to section 6 (1)(a) of the concluding words

against him" is not in Sir John

Gilmour's opinion free from objection, and he has some difficulty

in understanding how they would assist the Governor in dealing

with such cases as that of Nguyen Ai Kwok.

"notwithstanding

As Sir Philip Cunliffe-Lister is aware, it is not the

practice of His Majesty's Government in the United Kingdom to use

deportation powers in order to send a person to a country whose

Government has requested the extradition of that person, and the

principle that deportation should not be used where extradition

is the proper remedy is one to which considerable importance is

attached. On the other hand there would appear to be no reason

why the power to deport an alien who has been convicted of an

offence against the law of the country and has been recommended

by a court for deportation, or whose deportation is deemed to be

conducive to the public good, should be qualified or expressly

safeguarded/

The Under Secretary of State,

COLONIAL OFFICE.

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