CO129-604-7 Expulsion of Undesirables Ordinance 1949 19-8-1949 - 16-12-1949 — Page 38

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expression which is given a wide interpretation by clause 2 of the Bill. (See the interpretation given to "place of detention" and "accommodation camp".) This is necessitated by the fact that in order to proceed w despatch it will be necessary to collect and detain suspected undesirables in camps or houses of detention. Power to establish camps is given to the Governor in Council by clause 6 and power to detain and remove undesira- bles and suspected undesirables is given to a police officer by clause 7. Further provision for detention and remand pending the prescribed inquiry and pending expulsion pursuant to an order, is made by clause 10.

6. The grounds upon which a competent authority may declare an individual to be undesirable are set out in clause 4. They incorporate the grounds upon which a prospective immigrant can be refused permission to enter under section 11 of the Immigrants Control Ordinance, 1949. But additional grounds are provided for by the last three paragraphs of clause 4.

7. An order of expulsion will be final and conclusive subject to revocation by the Governor. (Clause 11, which is so worded as to enable the Governor to revoke generally when the situation permits.) An order of expulsion, if not revoked, will be valid for five years (clause 8), whether or not the Ordinance continues to be in operation.

8. A competent authority will be any justice of the peace and any person declared to be such by the Governor. A justice of the peace is, by clause 11, empowered to authorize, by warrant, entry and search of premises upon which there may be undesirables or suspected undesirables.

9.

Power to make regulations in relation, inter alia, to the manage- ment of and conduct to be observed in accommodation camps, is given to the Governor in Council by clause 13.

10. The need for legislation as envisaged by the Bill is, as stated, related to conditions of over population of the Colony. At times when such conditions do not prevail such need would be diminished or disappear. For this reason the Bill (clause 14) gives power by resolution of Legislative Council to suspend the operation of "the Ordinance" and thereafter, as and when necessity to employ "the Ordinance" again occurs, to terminate such suspension.

J. B. GRIFFIN, Attorney General.

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