CO129-604-6 Immigration- control over entry from China 1-1-1947 - 4-1-1950 — Page 128

OBSERVATIONS ON NOTE BY SECRETARY OF STATE'S

LEGAL ADVISER ON HONG KONG ORDINANCE

NO. 4 OF 1949.

132

Ref. para.

1

Ref. sec. 2(c):

Ref. sec. 2(f):

Ref. sec. 4

In the unlikely event of a magistrate refusing to make an order either under section 11(5) or under section 33(3), the Governor

in Council could, unless the immigrant is a British subject, order

summary deportation under section 3(1)(b) of the Deportation of

Aliens Ordinance, 1935.

Similar action could be taken under section 3(1)(c) of the

Deportation of Aliens Ordinance, 1935, against other undesirable

aliens, including those who have committed serious offences outside

the Colony.

Aliens previously deported from Hong Kong can be deported

either after conviction uhder the provisions of section 3(1)(b) or

under the provisions of section 13 of the Deportation of Aliens

Ordinance, 1935, as amended by the Deportation of Aliens Amendment

Ordinance, 1948 (see also section 11(1)(k) of the Ordinance under

report).

The suggestions made will nevertheless be borne in mind as it

is conceivable that they might prove useful in the case of British

subjects who are or prove to be undesirable immigrants.

The object of the words "for the purpose of complying with

this Ordinance" was to clarify that no offence under section 4 is

committed where entry is made for the purpose of submitting to

examination, etc. as opposed to an entry with intent to avoid complying

with the Ordinahce.

The comment is noted.

The word "permit" in

No amendment is considered necessary.

section 4 is quite general and by virtue of section 2(2) may be in

writing or may be verbal. In section 34(b) power is taken to

prescribe a form for such permit and an appropriate regulation has

already been made.