CO129-604-6 Immigration- control over entry from China 1-1-1947 - 4-1-1950 — Page 177

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Note by Secretary of State's Legal Adviser

on Hong Kong Ordinance No. 4 of 1949.

General Remarks.

There is no provision for the expulsion or deportation by the Governor of an immigrant whose presence in the Colony is, under the provisions of the Ordinance, unlawful. Section 33(3) does, it is true, empower a magistrate to decree expulsion, but, if such order is not made, it might be too late for the Immigration Officer to set under section 11 and send immigrants away.

Attention might be invited to section 9 of the Kenya Ordinance 7of 1948, which confers on the Governor power of deportation: this power might be found useful in Hong Kong.

Another provision which has been found necessary in certain colonies is one making it possible to label an immigrant as being "prohibited" or "undesirable" even after he has entered the Colony. This is useful where the fact which renders the immigrant undesirable is discovered subsequently. Section 5(3) of the aforementioned Kenya Ordinance is an example. The Hong Kong authorities might consider the advisability of adopting such a provision.

No mention is made in section 11(1) of persons previously deported from Hong kong or of persons who have been convicted outside Hong Zong of murder or other serious offence (compare section 5(1) of the Kenya Ordinance).