CO129-604-6 Immigration- control over entry from China 1-1-1947 - 4-1-1950 — Page 210

Enclosure No. 2,

THE IMMIGRANTS CONTROL ORDINANCE, 1949.

2&2

Explanatory observations in accordance with Article XXVIII

of the Royal Instructions.

1.

This Ordinance was passed with four amendments on

the 20th January, 1949.

2. The reasons for enacting this Ordinance are set out

in the Objects and Reasons to the Bill, A copy of such Bill

is attached upon which are indicated such amendments which

were effected at the Committee stage.

3. The principal amendment so effected concerned

Clause 11(5) of the Bill which on my motion at the Committee

stage was amended to make clear that penalty upon a master

owner or agent will require conviction by a Magistrate and

not be automatic upon the conviction of a person for entry

without permission and to make clear that a conviction of a

master owner or agent will not result where he can satisfy the

Magistrate that an illegal entry was not due to the act or

default of any such master, owner or agent.

40

The Bill passed through Legislative Council without

debate. It received considerable attention in the press.

Criticism was favourable except in so far that the English

language press were averse to the employment of Section 34 (f)

General

to exempt persons of Chinese race from compliance with the

ん

Ordinance. The intention that such exemption (according with

existing practice) would be given was made known by ine oa

introduction of the Bill. It will be appreciated that exemption

must necessarily be made and continued in force until such

time as necessity for control of entry of persons of Chinese

race is absolute and capacity to enforce such control effectively

is afforded.

7. 18. Michen

Attorney General.

HONG KONG,

TM. 1919

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