226366-1936-Ordinances-passed-and-assented-to--Sum — Page 7

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THE HONG KONG GOVERNMENT GAZETTE, APRIL 24, 1936.

Ordinance No. 44 of 1902,

Power to make de- portation orders.

Procedure

for making Orders.

(a) was born in the Colony; or

(b) has been ordinarily resident in the Colony con- tinuously for a period of seven years or more and since the completion of such period of residence has not been ordinarily resident in any other part of His Majesty's dominions or any territory under His Majesty's protection continuously for a period of seven years or more; or

(c) has the status of a British subject by reason of the unrevoked grant by the Governor of a certificate of natural- ization under the British Nationality and Status of Aliens Act, 1914, or the Naturalization Ordinance, 1902; or

(d) is the wife of a person to whom any of the foregoing paragraphs applies not living apart from such person under a decree of a competent court or a deed of separation; or

(e) is the child, stepchild or adopted child having been adopted in a manner recognised by law, under the age of eighteen years of a person to whom any of the foregoing paragraphs applies.

(3) For the purposes of this Ordinance a person shall be deemed to be an immigrant British subject if at the date of 'the service upon him of a notice under section 5 of this Ordinance, or, in the case of a convicted person, the date upon which he is charged with the offence, he is a British subject and has been resident in the Colony since the date of his last arrival therein for less than the following periods and not otherwise, unless the approval of the Secretary of State shall have been given to the making of a deportation order in respect of such person at any time before it is made:

(a) in the case of a prohibited immigrant, a period of three months;

(b) in the case of a convicted person or of an undesir- able person a period of seven years; and

(c) in the case of a destitute person, a period of one year:

Provided that in determining whether any person is an immigrant British subject, any period during which a deporta- tion order made under this Ordinance has been in force as respects that person shall not be taken into account.

3. Subject to the provisions of this Ordinance, the Governor in Council may, if he thinks fit, make a deportation order in respect of an immigrant British subject who does not belong to the Colony and who is--

(a) a convicted person in respect of whom any court has recommended that a deportation order should be made in his case, either in addition to or in lieu of sentence; or

(b) an undesirable person; or

(c) a destitute person; or

(d) a prohibited immigrant.

4. Except where a court has recommended that an order should be made, no deportation order shall be made under this Ordinance except where a judge has, in accordance with the provisions of the next two following sections, made