Competent authority may expel undesira- bles
after a prescribed inquiry.
Grounds
upon which
a person
may be
found to
be an
undesira-
ble.
Ordinance
No.7 of 1889.
2
"suspected undesirable" means an individual whom a police officer suspects would after a prescribed inquiry be found to be an undesirable;
"unlawful structure" means any erection which consti- tutes a nuisance whether by virtue of any enactment or at common law or the erection state or condition whereof is prohibited by or constitutes a contravention of any enactment.
3. The competent authority may, after such inquiry as is hereinafter prescribed and after recording a finding that a person is undesirable, make an order expelling such person from the Colony unless such person has satisfied the competent authority either that he is a British subject or that he has been ordinarily resident in the Colony for a period of ten years or more.
4.
A person may be found to be an undesirable if he
(a) is diseased, maimed, blind, idiot, lunatic or decrepit not having the means of subsistence and may be hindered by his state from earning a livelihood; or
(b) is unable to show that he has in his possession the means of decently supporting himself and his dependants, if any, until he obtains a livelihood; or
(c) is a person likely to become a vagrant, beggar or a charge upon any public or private charitable institution; or
(d) is a person suffering from a contagious disease which
is loathsome or dangerous; or
(e) has been removed from any country or state by the Government authorities of any such country or etata on sanakeisti, a
34
(g) has been convicted by a competent court outside the Colony of an offence which if committed in the Colony would constitute any of the offences specified in the First Schedule to the Chinese Extradition Ordinance, 1889; or
MOULI De guaranume iegulations in force; or (j) is prohibited from entering the Colony under any other enactment for the time being in force; or
3
(k) is found squatting or dwelling in any unlawful Structure or in any tunnel or cavity or in any place which has been declared by a health inspector to be or to be likely to become gerous to health and cannot satisfy the competent authority that he has reasonable prospect of obtaining dwelling accommoda- tion in a building which is not an unlawful structure; or
() being a person required by virtue of any enactment to be in possession of an enabling document or to register is not in possession thereof or has not registered and has no reasonable explanation to offer for such lack of possession or failure to register; or
(m) is by virtue of any other enactment declared or deemed to be an undesirable person within the meaning of this Ordinance; or
(n) is a dependant of an undesirable:
Provided that no person under the apparent age of sixteen years shall be found to be an undesirable if he is dependent on an individual other than an undesirable and such individual is pro- viding him with the means of subsistence either in pursuance of a legal liability or in pursuance of any moral obligation which the competent authority may deem sufficient.
5. (1) The prescribed inquiry shall be an inquiry into the Nature of matters by reason whereof it is alleged that a person is undesirable prescribed
inquiry. and shall be held by the competent authority in an authorized place
in the presence of the alleged undesirable.
(2) Such inquiry shall save so far as the contrary herein- after appears be held in accordance with the procedure prescribed for the trial of summary offences under the Magistrates Ordinance, Ordinance 1932.
(3) No information or summons shall be required and the inquiry shall commence with the competent authority inform- ing the alleged undesirable of the reasons for such allegation and of the consequences of a finding by the competent authority that he is an undesirable.
(4) The competent authority shall then ask the alleged undesirable whether he admits the allegations or whether he wishes the competent authority to inquire further therein.
(5) If the alleged undesirable admits the allegations the competent authority may in his discretion proceed forthwith to make an expulsion order unless the alleged undesirable claims to
No. 41 of 1932.
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