CO129-604-7 Expulsion of Undesirables Ordinance 1949 19-8-1949 - 16-12-1949 — Page 53

HONG KONG

BILL FOR EXPULSION OF UNDESIRABLES

ORDINANCE, 1949.

NOTE by Legal Adve

582

1.

Secte

Clause (2)

2.

lause (3)

3.

Clause (4)

esportive

4. Clause (5) (3)

an

to obtain adjourn nout for The propose

5

Clause (5) (6)

Definition of "enabling document"

below.

As to this definition see the comment on Clause (4) (1)

Definition of "suspected undesirable".

It is suggested that this definition should be amended on the following lines, viz:-

For the words "police officer ..... undesirable" substitute the words "a police officer has reasonable grounds for suspecting to be an undesirable".

It is to be noted that this Clause takes no acount of British protected persons or of citizens of the Republic of Ireland.

Paragraph (a)

It is not clear whether the words "not having the means of subsistence" are intended to relate only to "decrepit" persons or to the various other classes of persons specified in this paragraphe will

Paragraphs (b) and (g)

There two paragraphs appear to overlap. With regard to paragraph ( g) presumably there would not be any question of defaulting/under this paragraph-of a person who had adequate

private means,

Paragraph (2)

Seeki

The effect of this provision, having regard to the definition of "enabling document" in Clause (2) above, is that any person who is not a British subject or a resident of ten years' standing can be deported if c.g. he should be and is not in possession of a driving licence.

Presumably the persons really aimed at here are persons who should be but are not in possession of such documents as are specified in Section 18 of the Immigrants Control Ordinance, 194

The effect of this provision will in many cases presumably be that the alleged undesirable will be brought befor a competent authority either in ignorance or in doubt as to the reasons for his being brought there. He will again in many cases not have had a proper opportunity to provide himself with advice or to obtain the attendance of witnesses.

It is suggested that some provision should be included enabling him, if he desires to do so, to/procure the attendance of witnesses.

Evidence on behalf of the alleged undesirable should, of course, also be recorded.