7
may be exputed
To Home Office was. 46.
Office was $6. 24.8.33.
? Enquire when a reply to (5)
Hu James
13.10.33
Remind
again
at und
of this mothe
مه
anjut
4
Mhant
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مه
Lono
To 4.0. B/6
(Reminder to No. 5)
9.
to
inspond
Olsons on the HI, Def cortation
Ares condus the who
Orde, 1917.
3. X. 33.
8.11.33 of
8
The Foreign Office agreed to the Governor's proposals in (1) for amendment to Sections 6(1)(a) and (5) of the Hong Kong Deportation Ordinance 1917 (No. 25 of 1917) subject to Home Office views, and merely suggest that the Governor's attention
should be drawn to certain points of procedure in establishing that the deportee is a national of the country to which he is to be deported.
The Home Office agree to the Governor's proposals except that they suggest the omission
of
Page
9
Page
of the words "notwithstanding that such
destination is in a country or other
territory in which proceedings of any kind
may be taken against him" which the Governor wishes
proposed to add at the end of the amended
Section 6(1)(a).
H.O.
The appear to object to these
words, first because they might enable deportation to be used where extradition was the proper remedy, though it is stated that His Majesty's Government 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. It does not seem to me, therefore,
that this is an adequate objection. The
Governor would no doubt take all the circumstances
into consideration before making a deportation order, just as the Home Office would evidently do in this country, and his decision would be governed similarly by administrative considerations. Secondly, the Home Office appear to consider that the words in question
are redundant and would not assist the
Governor in dealing with such cases as that of Nguyen Ai Quốc.
Before decision is taken I suggest
that the legal advisers should again be consulted, especially as to whether the words
in question could be omitted without weakening
the Governor's powers. My own feeling is
that they should stand.
Action appears to have been overlooked
on the last sentence of Mr. Bigg's minute of 31.7.33.
age 9
age 9
Page
The words to which the HD. Tako exception
and I
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cannot see that thei's omission would wraben
the clause, unless then inclusions is considered
desrabie ni vrew
of the judicial decision to which
Midobal Wdray refers interes minuets of 3/8/33 abon.
If that is the
the case
ebimight be well to explain the
rush
pouit to the 1.0. rask whether they still see ogation
to the milusion
of the
the words propond
LgBegin
6/12/33
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