CO129-555-8 Deportation of Aliens Ordinance 1935 13-9-1935 - 28-12-1935 — Page 21

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

3/2 = 18/34

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in the sections now re-enacted as sections 2, 12, 16(5) and

18.

25

(2) In section 2 an alien is defined as a person who is

not a British subject, a definition which has been taken

from section 27(1) of the British Nationality a nd Status

of Aliens Act, 1914. A further provision in section 2

defines a British subject as a person of British nationality.

This new definition though short is comprehensive. It

replaces the provision in Ordinance No.25 of 1917, which defined a British subject as including a natural-born British

subject and a person naturalized under an Imperial Act or

under an Ordinance of the Colony. That definition is con-

sidered unsatisfactory because it appeared to throw doubt

on the status of the wives of British subjects or aliens,

whose nationality is determined by section 10 of the British Nationality and Status of Aliens Act, 1914 (4 & 5 Geo.5, c.17)

as enacted by the Act of 1933 (23 & 24. Geo.5, c.49), and

because it apparently included former British subjects who

had lost their British nationality.

(3) Section 9, which replaces section 5 of the 1917

Ordinance has been revised so as to give the Inspector General

of Police a discretion to release from custody persons on

whom deportation orders have been served and an addition has been made to section 11 (a) (which replaces section 6(a) of

the 1917 Ordinance). These two amendments were approved by

the Secretary of State in a despatch of the 9th April, 1934.

(4) Section 15 (which replaces section 11 of the 1917 Ordinance) has been revised to include other prisons besides

Victoria Gaol.

(5) An eighth question has been added to form No.2 in the

Schedule, asking if the person concerned is willing to be questioned about the matter, and a new sub-section 4(5)

relating thereto has been added. This seems necessary in

order to enable the person to give a full statement, if he

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