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

In any further communication on this subject, please quote

9298/9298/388

and address→→

not to any person by name,

but to-

The Under-Secretary of State,"

Foreign Office,

London, S.W.1.

HK

RECEIVED

6- SEP 1933 C. O. Y

உஉ

FOREIGN OFFICE.

S.W.1.

4th September, 1933.

(4)

sir,

With reference to your letter No.13790/33 of the 16th

ultimo regarding proposed amendments of the Hong Kong

Deportation Ordinance, I am directed by Secretary Sir John

Simon to inform you that the amendment to Section 5 does not

appear to be one on which any observations by this Department

are required.

2. In respect of the proposed amendment to Section 6

(1) (a), Sir John Simon concurs, subject to the views of

the Secretary of State for the Home Department, in the

proposal to allow to the Governor discretionary power to

deport a person to his national state notwithstanding that

ne may be wanted by the authorities on a non-extraditable

offence.

3. As regards the words "country or other territory to

"which in the opinion of the Governor such person properly

"belongs", it is of course essential before proceeding to

the deportation to establish that the deportee is a

national of the country of destination, and (subject to the

further discussion of this question, in the event of dispute,

through the diplomatic channel) it is the Government of that

country which is competent to determine whether or not

the deportee possesses the nationality of that country.

Valid travel documents issued by the authorities of the

The Under-Secretary of State,

Colonial Office.

country