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In these circumstances, it being either impracticable or politically
undesirable, or both, to enforce immigration control as regards
Chinese from China, exceptional powers are necessary to enable
expulsion of persons from the Colony to be effected as to a
wider category and in a more summary manner than the legislation
above quoted would permit. The problem is, of course, not a new
one to Hong Kong. In 1938 Emergency Regulations were enacted under
the Emergency Regulations Ordinance, 1932, giving powers of forcible
expulsion by administrative means. Such a method was open to
objection on a number of grounds, including particularly the fact
that no sanction was provided against return and that no form of
enquiry was provided to guard against the risk of expulsion of persons
whose claims to residence in Hong Kong either on the grounds of
Hong Kong birth or long residence require recognition. The Ordinance
under report is intended to provide the necessary exceptional powers
in exceptional times while avoiding the objections above described.
A table of comparison, which is attached as Annexure 'B' indicates
that the Ordinance owes little to other specific sources. The Ordinance
in the course of its passage was, on the whole, favourably received
by the local English language press, nor was serious or sustained
objection or criticism evoked in the Chinese press. The only
representation referred to Government in any formal manner came from
the Chinese Reform Club which recorded objection to the procedure
envisaged by the Ordinance as being too arbitrary and as being
capable of being put in motion against a very wide range of persons.
It is the case that the procedure is arbitrary but safeguard is
provided by the requirement of section 5 of the Ordinance that an
enquiry as prescribed shall be held. It is also the case that the
Ordinance is capable of being put in motion against a very wide range
of persons listed in section 4 of the Ordinance. As indicated in
paragraph 6 of the Objects and Reasons to the Bill, the categories
in section 4 reproduce, with additions, the categories named in
section 11 of the Immigrants Control Ordinance, 1949. The categories
listed visualise a measure of immigration control in reverse in
that persons who may be expelled will be persons who would be denied
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