1950_EXPULSION_OF_UNDESIRABLES_ORDINANCE — Page 4

HK Historical Laws 香港歷史法例 All AI Reviewed

Expulsion of Undesirables.

[CAP. 242

Schedule.

(5) If the alleged undesirable admits the allegations the competent authority may in his discretion proceed forthwith to make an expulsion order unless the alleged undesirable claims not to be an alien or claims to have been ordinarily resident in the Colony for a period of ten years. If any such claim is made the competent authority shall either inquire into such claim whether or not he has commenced to inquire into such claim, may refer any such claim to such other competent authority as the Governor may by any direction have specially designated to inquire into claims of the nature herein specified, in which latter event such other competent authority may deal with the proceedings in like manner as if the prescribed inquiry had been referred to him in the first instance save that he may rely on any admission of the allegations duly recorded and signed by the competent authority before whom the inquiry was in the first instance commenced.

(6) If the alleged undesirable does not admit that he is undesirable or requests the competent authority so to do the competent authority shall proceed to hear and record a summary of the evidence : Provided that the alleged undesirable shall be granted an adjournment if any is in the opinion of the competent authority necessary to enable him to defend himself against the allegations made and to procure the attendance of witnesses.

(7) The witnesses shall be examined by the competent authority subject to cross-examination by the alleged undesirable and further examination by the competent authority.

(8) No person shall be permitted to conduct, or appear otherwise than as a witness in, the proceedings: Provided that in addition to giving evidence and calling any witness in his defence the alleged undesirable shall be permitted to address the competent authority in his defence and provided further that if the competent authority considers that the alleged undesirable does not understand the proceedings or is unable for any reason to conduct his own defence he may in his discretion appoint any person including any relative or friend of the alleged undesirable to conduct the proceedings on his behalf.

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Expulsion of Undesirables. [CAP. 242 Schedule. (5) If the alleged undesirable admits the allegations the competent authority may in his discretion proceed forthwith to make an expulsion order unless the alleged undesirable claims not to be an alien or claims to have been ordinarily resident in the Colony for a period of ten years. If any such claim is made the competent authority shall either inquire into such claim whether or not he has commenced to inquire into such claim, may refer any such claim to such other competent authority as the Governor may by any direction have specially designated to inquire into claims of the nature herein specified, in which latter event such other competent authority may deal with the proceedings in like manner as if the prescribed inquiry had been referred to him in the first instance save that he may rely on any admission of the allegations duly recorded and signed by the competent authority before whom the inquiry was in the first instance commenced. (6) If the alleged undesirable does not admit that he is undesirable or requests the competent authority so to do the competent authority shall proceed to hear and record a summary of the evidence : Provided that the alleged undesirable shall be granted an adjournment if any is in the opinion of the competent authority necessary to enable him to defend himself against the allegations made and to procure the attendance of witnesses. (7) The witnesses shall be examined by the competent authority subject to cross-examination by the alleged undesirable and further examination by the competent authority. (8) No person shall be permitted to conduct, or appear otherwise than as a witness in, the proceedings: Provided that in addition to giving evidence and calling any witness in his defence the alleged undesirable shall be permitted to address the competent authority in his defence and provided further that if the competent authority considers that the alleged undesirable does not understand the proceedings or is unable for any reason to conduct his own defence he may in his discretion appoint any person including any relative or friend of the alleged undesirable to conduct the proceedings on his behalf. 457

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+ Expulsion of Undesirables. [CAP. 242 Schedule. (5) If the alleged undesirable admits the allegations the competent authority may in his discretion proceed forthwith to make an expulsion order unless the alleged undesirable claims not to be an alien or claims to have been ordinarily 37 of 1950, resident in the Colony for a period of ten years. If any such claim is made the competent authority shall either inquire into such claim whether or not he has commenced to in- quire into such claim, may refer any such claim to such other competent authority as the Governor may by any direction have specially designated to inquire into claims of the nature herein specified, in which latter event such other competent authority may deal with the proceedings in like manner as if the prescribed inquiry had been referred to him in the first instance save that he may rely on any admission of the allegations duly recorded and signed by the competent authority before whom the inquiry was in the first instance commenced. Schedule. (6) If the alleged undesirable does not admit that he is undesirable or requests the competent authority so to do the competent authority shall proceed to hear and record a summary of the evidence : Provided that the alleged 37 of 1950, undesirable shall be granted an adjournment if any is in the opinion of the competent authority necessary to enable him to defend himself against the allegations made and to procure the attendance of witnesses. (7) The witnesses shall be examined by the competent authority subject to cross-examination by the alleged undesir- able and further examination by the competent authority. (8) No person shall be permitted to conduct, or appear otherwise than as a witness in, the proceedings: Provided that in addition to giving evidence and calling any witness in his defence the alleged undesirable shall be permitted to address the competent authority in his defence and provided further that if the competent authority considers that the alleged undesirable does not understand the proceedings or is unable for any reason to conduct his own defence he may in his discretion appoint any person including any relative or friend of the alleged undesirable to conduct the proceed- ings on his behalf. 457

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Expulsion of Undesirables.

[CAP. 242

Schedule.

(5) If the alleged undesirable admits the allegations the competent authority may in his discretion proceed forthwith to make an expulsion order unless the alleged undesirable claims not to be an alien or claims to have been ordinarily 37 of 1950, resident in the Colony for a period of ten years. If any such claim is made the competent authority shall either inquire into such claim whether or not he has commenced to in- quire into such claim, may refer any such claim to such other competent authority as the Governor may by any direction have specially designated to inquire into claims of the nature herein specified, in which latter event such other competent authority may deal with the proceedings in like manner as if the prescribed inquiry had been referred to him in the first instance save that he may rely on any admission of the allegations duly recorded and signed by the competent authority before whom the inquiry was in the first instance commenced.

Schedule.

(6) If the alleged undesirable does not admit that he is undesirable or requests the competent authority so to do the competent authority shall proceed to hear and record a summary of the evidence : Provided that the alleged 37 of 1950, undesirable shall be granted an adjournment if any is in the opinion of the competent authority necessary to enable him to defend himself against the allegations made and to procure the attendance of witnesses.

(7) The witnesses shall be examined by the competent authority subject to cross-examination by the alleged undesir- able and further examination by the competent authority.

1950_EXPULSION_OF_UNDESIRABLES_ORDINANCE — Page 4

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