61
78-10.
Similar provision for others than subjects of China is made by No. 16 of 18707.
(i)
No. 8 of 1882 (? rep. No. 9 of 1912).
(j)
(*)
Note.
S. III 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.
No. 15 of 1886 (? rep. No. 9 of 1912).
S. empowers the Governor in Council in time of emergency, if it appears to him necessary for the public safety so to do, to banish from the Colony "any person not a natural born subject of Her Majesty, whether such person shall have been naturalised under the provisions of any Colonial Ordinance or not".
No. 9 of 1912 as am. Nos. 10 of 1913 and 20 of 1914 (rep.No. 25 of 1917).
This empowers the Governor in Council
(1) to issue a deportation order summarily against
(i) any person convicted of any offence in the Colony who,
in the opinion of the Governor in Council, is not a natural born or naturalised British subject and whose deportation is, in the opinion of the Governor in Council, desirable; (S.3).
(ii) any British subject not belonging to Hong Kong who has
been imprisoned in the gaol of the Colony in
(iii)
(2)
pursuance of any sentence imposed by His Majesty's Supreme Court in China; (s.3).
any person, not being a natural born British subject, if, during a state of emergency proclaimed under
•
No. 15 of 1886, it appears to the Governor in Căuncil that it is desirable in the interests of public safety or peace and good order that such person should be deported (s. 5).
to issue a deportation order after enquiry and report against any person (other than a person whom it is desirable to deport summarily or for whose deportation or exclusion ther provision is made by s.9 or s. 11) who is not, in the opinion of the Governor in Council, a natural born or naturalised subject of His Majesty and who, in the opinion of the Governor in Council, should be deported (s. 4). It is further provided (s. 4 (12) (e)) that, although such an order cannot generally be issued against a natural born or naturalised British subject, it may be issued against a person who, in the opinion of the Governor in Council, was "born in the Colony of parents neither of whom was a British subject unless such person has obtained a certificate of his British birth or is registered in a British Consulate in China as a person entitled to British protection in China" a description which would, I imagine, apply mainly to Chinese born in Hong Kong and was probably specially designed for that purpose.
No exception is made in favour of Chinese and they could clearly be deported under the Ordinance either summarily or after report and enquiry and in either case their deportation would be at the discretion of the Governor in Council. Moreover, of those persons who, though technically British subjects by birth, are liable to deportation after report and enquiry
(3.4
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