Order of expulsion to be final and conclusive subject to revocation by the Governor.
Power of entry and search.
Power to make regulations.
Power to suspend operation
of the Ordinance.
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as shall in the opinion of the competent authority be necessary for holding in respect of such suspected undesirable the prescribed inquiry.
11.
An order of expulsion shall be final and conclusive for all purposes whatsoever : Provided that it shall be lawful for the Governor in any particular case to revoke an order of expulsion or to declare generally that all orders of expulsion made hereunder with such exceptions (which may be expressed by reference to a class or classes of individuals or to grounds of undesirability) as he shall specify, shall be revoked.
12.
It shall be lawful for any justice of the peace or police officer duly authorized by warrant of any justice of the peace with such assistants as may be necessary, to enter and, if necessary to break into any place in which it appears, from information given to such justice or of his own knowledge, there are undesirables or suspected undesirables.
13. The Governor in Council may make regulations not inconsistent with the provisions of this Ordinance providing for-- (a) the management control hygiene and sanitation of any accommodation camp;
(b) the conduct to be observed by undesirables and suspected undesirables whilst they are detained in any accommo- dation camp;
(c) the manner in which and the conditions under which any order of expulsion is to be carried into effect;
(d) the forms to be used for any of the purposes of this Ordinance; and
(e) generally for carrying this Ordinance into effect.
(1) It shall be lawful for Legislative Council by
14. resolution-
(a) from time to time to declare the suspension of the operation of this Ordinance from the date named in the resolution; and
(b) from time to time to declare that any suspension declared under paragraph (a) hereof shall terminate as from the date mentioned in the resolution.
(2) The suspension of this Ordinance under paragraph (a) of sub-section (1) shall until the termination of such suspension without prejudice to section 11 have the same effect as the hepeal of an enactment.
(3) The termination of the suspension under paragraph (b) of sub-section (1) shall have the same effect as if the Ordinance had been re-enacted and come into operation on the date as from which the suspension is declared to terminate save and except that any regulations which were in force at the date when the suspen- sion, which has thus been terminated, came into effect, shall revive and continue to have full force and effect.
Objects and Reasons.
I. Hong Kong has traditionally allowed free ingress to Chinese except in times of emergency and the situation of the Colony's land frontier and the ease with which small water borne craft can move in and out of the Colony's waters render control of such movement difficult and incomplete.
2. In these circumstances and because of the incentive to enter which is presented while unrest prevails in China, the Colony has at this date a population greatly in excess of what it is capable of absorbing.
3.
The necessity is therefore presented of providing legislation which would enable action to be taken to expel persons who constitute undersirable elements in the surplus population and as such present serious problems in the maintenance of public order, safety and health within the Colony. The object of this Bill is to provide such legislation.
4. The scheme envisaged by the Bill is that a competent authority after a summary inquiry and recording a finding that an individual is undesirable, may make an order expelling such individual from the Colony, (clause 3) unless he satisfies the competent authority that he is a British subject or that he has been ordinarily resident in the Colony for ten years
or more.
5-
The prescribed inquiry will be a summary inquiry following the general lines of the summary procedure employed by a magistrate in the trial of summary offences but with certain modifications. (See clause 5 of the Bill.) The inquiry will be held at any authorized place, an
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