CO129-543-13 Proposed amendments to Deportation ordinance 22-3-1933 - 11-1-1934 — Page 21

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safeguarded in any way and His Majesty's Government in the

United Kingdom would not feel precluded from making a

Deportation Order against an alien merely because proceedings

might be taken against him on his arrival in his own country.

The decision whether a deportation order should be made in any

particular case would of course necessarily depend upon all the

circumstances and if as in the case of Nguyen Ai Kwok there were

reason to suppose that an alien is a political refugee and might

incur danger to life or limb in his own country, this possibility

would have to be taken into account, and if it were deemed to be

serious it would not be in accordance with practice to deport

him to his own country. A decision however would be governed

by administrative considerations and not by the strict legal

powers of deportation.

For these reasons Sir John Gilmour suggests, for the

consideration of Sir Philip Cunliffe-Lister, that the

concluding words "notwithstanding

against him" proposed

to be added to section 6 (1)(a) of the ordinance should be

omitted.

The copy of the Ordinance which accompanied your letter is

returned herewith.

A copy of this letter is being sent to the Foreign Office.

I am,

Sir,

Your obedient Servant,