CO129-555-8 Deportation of Aliens Ordinance 1935 13-9-1935 - 28-12-1935 — Page 17

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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Schedule

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an

(3) In any proceedings under this Ordinance, indorsement on any deportation order in Form No. 9 in the Form No. 9. Schedule, which purports to be signed by a police interpreter or by any police officer, shall, until the contrary is proved, be deemed sufficient evidence that the said deportation order was duly explained to the person named in such order as therein stated. Also any indorsement on any detention warrant purporting to state the date of arrest of any person under the said detention warrant, and purporting to be signed by the officer who made the arrest, shall, until the contrary is proved, be deemed sufficient evidence that the person referred to was arrested on the date stated.

Schedule

Form No. 2

Decision of liovernor in Council to be final,

Report to Secretary of State.

Repeal of Odinances Nos. 25 of 1917, 34 of

1029 and

7 of 1931.

(4) In any proceedings under this Ordinance, it shall, until the contrary is proved, be assumed that the finger prints on any deportation or banishment order which has been produced are those of the person against whom the order was made.

(5) If in any proceedings whatsoever relating to any deportation or banishment order or intended deportation order the person who has been deported or banished or whose deportation has been ordered or whose deportation is being considered alleges that he is a British subject the onus of proving such allegation shall be on such person.

(6) The answers given to the questions set out in Form No. 2 in the Schedule shall not be admissible in evidence in any proceedings except in proceedings under this Ordinance.

17. The decision of the Governor in Council as to whether under the provisions of this Ordinance any person is liable to deportation or should be deported shall be final and conclusive for all purposes whatsoever.

18. A report shall be made forthwith to the Secretary

of State upon the making of any deportation order made under the provisions of section 3 (1) (c).

19. The following Ordinances are repealed

The Deportation Ordinance, 1917; the Deportation Amendment Ordinance, 1929; and the Deportation Amend- ment Ordinance, 1931.

Passed the Legislative Council of Hong Kong, this 12th day of September, 1935.

H. R. BUTTERS, Deputy Clerk of Councils.

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SCHEDULE.

[58. 4 (1) and 5 (1).]

FORM No. 1.

WARRANT FOR ARREST AND DETENTION.

HONG KONG.

The Deportation of Aliens Ordinance, 1935.

To the Inspector General of Police and each and all of the olice officers of the Colony and to the Secretary for Chinese Affairs and each and all of the District Watchmen of the Colony and to the Superintendent of the Houses of Detention:

Whereas it has been made to appear to me that there are reasonable grounds for inquiry as to whether

should be deported:

These are therefore to command you to arrest the said

and to detain him for a period

of fourteen days from the day on which he is arrested, including the day of arrest.

Dated the

...day of

FORM No. 2.

19......

Governor.

QUESTIONS. [ss. 4 (8) and (5) and 16 (6).]

1. What is your name?

2. How old are you?

3. Where were you born?

4. It is alleged against you that

Have you anything to say in answer to this charge or any reason to give why you should not be deported?

5. How long have you resided in this Colony?

6. Have you any relations living in this Colony, and if so,

what are their names and where do they reside?

7. Have you any and what witnesses or other evidence to adduce

in support of what you say, and where are such witnesses, if any, to be found?

8. Are you willing to be questioned about this matter?

I hereby certify that the said

made in the language the answers herein recorded in the English language.

Dated the

...day of

19......

Interpreter.

Assistant to the Secretary for Chinese Affairs.

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