60
(ii)
(iii)
鲁
9-
Pass issued under the Ordinance; and that neither the
possession of a valid passport or travel document nor any visa or endorsement thereon nor any Entry Permit or Certificate of
Residence shall be deemed to imply that the holder will be
permitted to land in the Colony or, if allowed to land, that he will be permitted to stay in the Colony; (s. 9).
"where the holder of a valid passport, travel document or entry permit is an alien, who has not resided in the Colony for more than one month since his last arrival therein, it shall be lawful for the Immigration Officer to make an endorsement thereon, without fee, defining a limited period during which the alien may stay in the Colony". (s. 11 (2) ).
the Immigration Officer may issue Entry Permits, Frontier Passes and Certificates of Residence "to such persons as he may deem to be entitled thereto" but shall not, without special authorisation, issue such permits, passes or certificates to persons of certain specified categories roughly diseased or socially or
politically undesirable persons or persons likely to become a charge on the public (s. 12).
Note. The provisions of s.9 (see (i) above) amount to complete control
over entry into the Colony.
(8)
(h)
Note.
S.11 (2) (see (ii) above) allows the settlement of aliens to be controlled.
S. 12 (see (iii) above) provides that the Immigration Officer "may" issue Entry Permits, Frontier Passes or Certificates of
Residence to "such persons as he may deem to be entitled thereto" and the Ordinance says nothing as to who shall be so entitled; no one, therefore, has any absolute right to such a permit, pass or certificate, the issue of which is in the discretion of the Immigration Officer.
The Ordinance does not exempt Chinese from the operation of any of its provisions and in the Legislation/Council debate on the Ordinance (Annex A to (1) on 54064/48) none of the three Chinese Members who spoke challenged the legality of this.
Deportation Legislation.
No. 9 of 1857 (am. No. 4 of 1871 and rep. No. 8 of 1882 except s8 which is irrelevant).
S.VII empowers the Governor in Council to prohibit any person other than a natural born or naturalised subject of Her Majesty from residing or being in the Colony during any period not exceeding 5 years and to direct the deportation from the Colony by force of any person who disobeys such prohibition.
No. 1 of 1860 (partly rep. No. 5 of 1871.)
This provides that the Governor may pardon any offender convicted of any crime on the condition that such offender shall quit the Colony and shall not afterwards be found at large therein.
Neither No. 9 of 1857 nor this Ordinance makes any exception in favour of Chinese and that Chinese were intended to be subject to both Ordinances is clearly shown by No. 7 of 1870 (rep. No. 5 of 1871) which provides for the punishment of any subject of China who, having been deported under No. 9 of 1857, returns to the Colony before the expiration of the term for which he has been deported or who, having been pardoned under No. 1 of 1860 on condition of his quitting the Colony, is afterwards found at large therein without lawful cause.
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