CO129-604-7 Expulsion of Undesirables Ordinance 1949 19-8-1949 - 16-12-1949 — Page 39

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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Encsure Ro! 2.

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41

EXPULSION OF UNDESIRABLES ORDINANCE, 1949.

Explanatory observations in accordance with Article XXVIII

of the Royal Instructions.

This Ordinance was passed with two amendments on the

31st August, 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 as Annexure 'A'.

3. The enactment of legislation such as that under report

has long been contemplated. At an early date following the liberation

of the Colony a heavy incursion of population into Hong Kong commenced.

In 1947 there were large numbers of Chinese, newcomers to the Colony,

having no regular employment or prospect of obtaining any nor any

hope of adequate living conditions. Such conditions naturally

produced serious danger to health and incentive to crime. In these

circumstances a scheme for voluntary repatriation at Government expense

was put in force in 1947. The scheme which achieved only very moderate

success was ancillary to the employment of the Vagrancy Ordinance, 1897,

which applies to Chinese only to the extent provided by amendment of

the Ordinance (No. 41 of 1939), and the Deportation of Aliens Ordinance,

1935, whereby expulsion or deportation of persons coming within the

ambit of that legislation can be effected. For a time the measures

above described sufficed to keep the position reasonably in check but

events in China in this year has created a refugee problem and an

added incentive for incursion into the Colony. At this date there are

large numbers of Chinese, unemployed and unemployable, living in

conditions of great squalor as squatters on any available space in or

about the cities of Victoria and Kowloon. The resultant gross over-

4.

population of the Colony at the present time seriously overtaxes the

resources of the Colony as regards food and water and presents a

constant menace to health, the maintenance of law and order and defence.

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