CO129-624-8 Immigration control- expulsion of undesirables 1-8-1949 - 31-1-1951 — Page 50

5464/3/50

ING

No.

64

CONFIDENTIAL.

COLONIAL OFFICE

The Church House,

Creat Smith Street,

London, S.#.1.

15 March, 1950.

2

48

sir,

I have the honour to acknowledge the receipt of your despatch No. 177 of the 4th October, 1949, and to inform you that the power of disallowance will not be exercised in respect of urdinance No. 39 of 1949, shortly entitled "The Expulsion of Undesirables Ordinanse, 1949".

2. The provisions of the Ordinance are, as you have recognised, exceptional in legislation masted ordinarily as opposed to regulations made in pursuance of emergency powers, and I note that there TABLES oriticism of the Ordinance as being too arbitrary, and as being capable of being put in motion against a very wide range of persons. I mm, of course, aware that the present over-population of the Colony presenta serious problema, both present and potential, in the maintenance of public order, health, and essential suplies, and that there would be need in an emergency for some simple and summary procedure for expelling undesirablen, I consider however, that it might have been more appropriate to have embodied these powers in mergency regulations which need not have been promulgated until the need arose, thus denying hostile propagandists the opportunity of criticising the ong Kong Covernment by talk of arbitrary arrests, concentration camps, etc,

3.

However, I note that there is provision in Section 14 for suspending the operation of the ordinance, and that in the debate on the Second kending of the bill the Attorney-General made it clear that the legislation was intended to give enabling powers to meet emergency as and when it arises. I attach importance to this limitation, and should not wish the Ordinance to be used merely a convenient method for effecting

deportation in cases which should properly be dealt with under the @sportation of Alims Ordinance, or to be kept in force when there is no longer any likelihood that its provisions will be needed, I should therefore be grateful if you would report after the rdinance las Leen in force for a year what une, if any, has been de of it, and whether it can prudently be suspended,

I attach a mote by my Legal Adviser raising number of points in the Ordinance on which I should be grateful to have your comments in due course.

I have the honour to

sir,

Your most obedient,

humble servant,

GOVERNOR,

IK AteXANDER GRANTI

eto,, etc., ete.

X.C.R.O..

(Signed.) VEFITHS

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