CO129-543-13 Proposed amendments to Deportation ordinance 22-3-1933 - 11-1-1934 — Page 30

5.

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on the person against whom it is made and such

person shall be then taken into custody if on bail or otherwise at large and if already in custody

such person shall remain in custody and shall be

in either case deemed to be under lawful arrest

and in lawful custody until he leaves the Colony".

When therefore the position arose which is described

in paragraph 3 of my secret despatch of the 31st January regarding Nguyen some doubt was felt as to the legality of setting the deportee at liberty in order that he might achieve a secret departure. Moreover apart from the peculiar circumstances of Nguyen's case, while in the great majority of cases the deportee selects a reasonable destination at once and is taken in custody to an appropriate ship or train, it may on occasion be both safe and fair to allow the deportee a period of freedom between the making of the order and the expiration of the time limit, in order that he may settle his affairs and under the law as it stands at present it seems possible, if unlikely, that his release from custody being a breach of the law, might be claimed to have

invalidated the order and relieved the deportee from

the penalties of disobedience.

9.

I therefore recommend that Section 5 be amended

to read as follows :

"5. (1) So soon as conveniently may be after the

issue of any deportation order under this Ordinance, the Inspector General of Police shall cause a copy thereof to be served on the person against whom it is made.

(2) If in the opinion of the Inspector General of Police it is necessary that such person should

not

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