CO129-604-7 Expulsion of Undesirables Ordinance 1949 19-8-1949 - 16-12-1949 — Page 6

6

7.

8

(7)

(8)

I have attached at (7) and (8) copies

of the Hong Kong Hansards of the 17th and 31st August dealing with the Expulsion of Undesirables Bill. I think it is clear from these that this Ordinance is really a de-population ordinance and is to be used in an emergency.

The impression I have gained recently is that Hong Kong are not being consistent in these matters. In the present case on page 232 of the Hansard the 0.A. G. admits that legislation already exists e.g. the Vagrancy Ordinance 1897 and the Deportation of Aliens Ordinance 1935. Section 3(2) of the latter authorises the Governor in Council to issue a deportation order against any person whom he finds to be an alien if upon any enquiry in the manner prescribed in Section 4 he is of the opinion that the alien should be deported. I would have thought that the Deportation of Aliens Ordinance would have be en adequate for normal purposes. The objection is however that the machinery of enquiry is unexpeditious in operation and is not in general suited to the problem of reducing an excess of population. I find X at page 240 of the Hansard difficult to reconcile with the enactment recently of the Emergency (Requisition) Regulations 1949 and the proposed enactment of the Emergency (Deportation) Regulations 1949 giving wide powers to deport British subjects. If those Regulations can be made now under the Emergency Regulations Ordinance 1922 I fail to see why the Expulsion of Undesirables Ordinance, with its very wide powers of expulsion without detailed enquiry (compare Section 5(3) and (8) no information or summons and no right to be represented by Council; and of detention in special camps Sections 6 and 7) could not be introduced as Emergency Regulations also, particularly when the stated intention is that they are to be used in an emergency.

While I agree that wide powers should be available to deal with an emergency I am a little afraid that the use of these powers in advance of an emergency may defeat this object in that criticism (by P. Q. or Communist propaganda) might make it necessary to amend or modify the present Ordinance.

There has recently been some publicity about "Human Rights" and I consider that the existence of this Ordinance would be a good weapon for anti- Colonial propaganda.

I would therefore suggest that the covering despatch should be amended slightly to ensure that the Ordinance is not used in substitution of the Deportation of Aliens Ordinance but only in a real emergency.

As the Ordinance is directed against the Chinese I think the Foreign Office might be sent a copy of the Ordinance and our comments thereon so that they are at least aware of it and are in a better

position