CO129-590-3 Entry of Chinese into Hong Kong 9-1-1941 - 7-11-1941 — Page 6

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

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I am afraid I am very pressed at the moment and shall not be able to examine this B in any detail. I have read it through and the only comment of principle which I have is that Section 12(2) of the oBizz would enable the Immigration Officer to refuse admission to British subjects born and normally resident in Hong Kong. This seems to me to be contrary to the proper principle that any Colony is responsible for its own undesirables. There may be reasons in present circumstances which make it desirable that a fortress such as Hong Kong should possess such powers, but they already have these, I think, under the special Defence Regulations which they are enacting to deal with evacuation and deporta- tion. As this Crdinance is

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to the permanent legislation of the Colony, I should have thought that Section 12(2) ought to be restricted on this point.

In passing I also observe that Section 12(2)(a) refers to loathsome or dangerous" diseases, a phrase which used to be common in legislation of this kind but to which Mr. Roberts-Wray has frequently taken exception in recent cases. I do not myself feel at all strongly about this, but I suppose we ought to be consistent and as we have objected to the phrase in other legislation of other Colonies something ought perhaps to be said about it here.

K.E.Ruson,

26. 2. 41.

P.T.O

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