DEPORTATION ORDINANCE, 1917

DEPORTATION ORDINANCE, 1917

No. 25 of 1917.

An Ordinance to consolidate and amend the law relating to
the deportation of undesirable persons.

[12th October, 1917.]

1. This Ordinance may be cited, as the Deportation Ordi-
nance, 1917.

2. In this Ordinance,
(a) British subject includes a natural-born British
subject and a person naturalized under an Imperial Act or
under an Ordinance of the Colony.

(b) Legal proceeding includes every civil and criminal
proceeding before any court, every proceeding before any
other tribunal established by law, and every arbitration.

3.--(1) The Governor in Council may at any time sum-:
marily issue a deportation order against-

(a) any person who has been convicted of an offence under
section 9 ; or

(b) any person who has been convicted in the Colony of
any offence, other than an offence under section 9, and who
in the opinion of the Governor in Council is not a British
subject; or

(c) any person who has been imprisoned in this Colony in
pursuance of a sentence imposed by His Majesty's Suprome
Court for China.

(2)'On any occasion which the Governor in Council may
consider to be an occasion of emergency or public danger,
the Governor in council may summarily issue a deportation
order against any person who in his opinion is an alien, if
he deems it to be conducive to the public good that such an
order should be issued.

(3) A deportation order issued under this section may be.
in Form No. 7 in the Schedule.

(4) The procedure prescribed in section 4 shall not apply
to deportation orders made under the provisions of this
section and such orders may be made upon such information
or summary inquiry as the Governor in Council may. think
sufficient.

* As amended by No. 19 of 1921 and Law Rev. Ord., 1924.





4.-(1) Subject to the provisions of sub-section (14), the
Governor in Council may at any time issue a deportation
order against any person whatsoever if upon inquiry in the
manner prescribed in this section the Governor in Council
is of opinion that such person is liable to deportation and
should -be deported.

(2) No steps or proceedings whatsoever other than those
expressly specified in this section shall be necessary for the
making of am, deportation order under this section.

(3) No proceedings whatsoever connected in any manner
with any inquiry under the provisions of this ordinance,
or with any other inquiry with a view to deportation made
before or after the commencement of this Ordinance under
the provisions of any other enactment, shall be any bar to
any subsequent inquiry under the provisions of -this Ordi-
nance or to the making of any deportation order thereon.

(4) The Governor may, whenever it shall appear to him
that there are reasonable grounds for inquiry as to whether
any person should be deported, issue a warrant in Form
No. 1 in the Schedule authorising the arrest of such person.
and his detention for a period not exceeding six days.

(5) Any person arrested under any such warrant may be
detained in. the custody of any officer referred to in the said
warrant and may be transfered from the custody of any such
officer to any other such officer as often as may be desirable.

(6) So soon as conveniently may be after the arrest of any
person under any such warrant, the Secretary for Chinese
Affairs or one of the Assistants to the Secretary for Chinese
Affairs, or the District Officer, shall interview the person so
arrested and shall ask such person the questions set forth in
Form No. 2 in. the Schedule: Provided however that, if such
person does not in answer to the fourth question in the said
form say anything in answer to the charge preferred against
him or give any reason why he should not be deported, it
shall not be necessary for such person to be -asked to answer
the fifth, sixth and seventh questions in the said form.

(7) The officer who interviews such person shall.take down
in English, with or without the assistance of an interpreter
land whether such interpreter be sworn or not, a full record
of the answers given by the person interviewed to the ques-

As amended by No. 19 of 1921 and Law Rev. Ord., 1924.





tions asked him, and such answers so taken down by such
officer shall be read over to such person and may if such
person is willing so to do be signed or in other manner
signified as correct by such person and shall be signed as
correct by such officer and by the interpreter if any be
employed.

(8) So soon as conveniently may be after such interview, the
Secretary for Chinese Affairs shall transmit to the Colonial
Secretary a report in Form No. 3 in the Schedule for the
consideration of the Governor in Council.

(9) The Governor may from ttime to time by warrant in
Form No. 4 in the Schedule authorise the. detention of a
person, in custody tinder any warrant issued under this see-
tion, for a further period of four days from the date of the
expiration of the previous warrant, provided that the Gover-
nor is satisfied that the said person ought to be detained in
order that further inquirv may be made.

(10) A magistrate may at any time after the conclusion of
the interview referred to in sub-section (6) and after the
examination of the witnesses called by the person in question,
or at any previous time with the consent of the Secretary for
Chinese Affairs, admit to bail any person in custody tinder
any warrant issued under this section upon such security as
in the opinion of the magistrate will be sufficient to ensure
the appearance and surrender of such person at the House of
Detention at any specified date and time. The recognizance
of bail may be in Form No. 5 in the Schedule.

(11) If as the result of the consideration of any such report
it shall appear to the Governor in Council that any person to
whom such report relates is liable to deportation and should
be deported, the Governor in Council may issue a deportation
order against such person.

(12) The Colonial Secretary by direction of the Governor
may by order in Form No. 6 in the Schedule direct the
release of any person in custody under any such warrant as
aforesaid, and on receipt of such order the Superintendent
of the House of Detention shall release such person.

(13) Any deportation- order issued under the provisions of
this section may be in Form No. 7 in the Schedule.





(14) Sub-section (11) shall not apply to any British subject
except in the following cases:- .
(a) any person who in the opinion of the Governor in
Council has been guilty before or after the commencement
of this Ordinance of any criminal offence, or of any other
misconduct, connected with the preparation, commencement,
prosecution, defence or maintenance of any legal proceeding,
or the sharing in the proceeds thereof, or the settlement or
compromise thereof, or the obtaining or preparation of
evidence in anticipation thereof or in relation thereto;

(b) any person who in the opinion of the Governor in
Council has been guilty before or after the commencement
of this Ordinance of anv criminal offence, or of any other
misconduct, which is not included under paragraph (a) but
which is connected With the administration of the law relat-
ing to bankruptcy or of the law relating to the winding-up
of companies;

(c) any person, who in the opinion of the Governor in
Council has been guilty before or after the commencement
of this Ordinance of any criminal offence, or of any other
misconduct, connedted with the preparation, registration,
presentation, filing, issuing or certifying of any document
which any public officer is required or empowered to register,
receive, file, issue or certify

(d) any person who in the opinion of the Governor in
Council was born in the Colony of parents neither of whom
was a British subject at the date of the birth of such person
and who hds not obtained a certificate of his British birth
under the hand of the Governor and the public seal of the
Colony;

(e) any person who in the opinion of the Governor in
Cotincil has acted, is acting, -or is about to act, whether
within or without the,Colony, in a manner prejudicial to the
public safety, or to the defence, peace, or security of His
Majesty's dominions, or of any part thereof, or of any territory
which is under His Majesty's protection.

5. So soon as conveniently may be after the issue of any
deportation order issued under the provisions of this Ordi-
nance, the Captain Superintendent of Police shall cause a
copy of such deportation order to be served on the person
against whom it is made and such person shall be then taken
into custody if on bail or otherwise at large and if already







in custody such person shall remain in custody and shall be
in either case deemed to be under lawful arrest and in lawful
custody until he leaves the Colony.

5A. Where any deportation order under this Ordinance
is in force against any person, that persoh shall, unless the
Governor otherwise directs, be deemed for the purposes of
the order to retain his nationality as at the date of the order
notwithstanding any intervening naturalization, marriage or
any other event.

6.-(1) Whenever a deportation order shall have-been
issued against any person, it shall be lawful for the Governor,
if he considers it desirable to do so by order under the hand
of the Colonial Secretary, to do all or any of the following
things:-

(a) to order that the person against whom the deportation

order has been issued shall depart from the Colony by a
particular train, or by a particular ship whatever the im-
mediate or ultimate destination of the said ship;

(b) in case it may in the opinion of the Governor be im-
practicable or inexpedient that such person should depart
from the Colony by any train or ship by which he has been
ordered to depart, substitute as often as may be necessary
another train or. ship as the train or, ship by which such
person shall depart from the Colony;

(c) to extend from time to time the time within which such
person shall depart from the Colony:
Provided that where extradition proceedings have been
previously taken against any such person, and the said
proceedings have resulted in the discharge of such person
either by a magistrate or by the Supreme Court on habeas
corpus, nothing in this sub-section shall be construed as
empowering the Governor to order such person to leave the
Colony by any ship the immediate destination of which is a
place in the territory of the state by which the surrender of
such person was demanded, or otherwise to compel such
person to enter the territory of such state.,

(2) Any order made under sub-section (1) shall be sufficient
authority to all police, officers and to the master and crew of

As amended by No. 19 of 1921 and Law Rev. Ord., 1924.
As amended by Law Rev. Ord., 1924. .





the ship to use within the Colony and the waters thereof such
force and restraint as may be necessary in order to carry out
such order.

(3) Any order made under this section may be indorsed.
on the deportation order a-nd may be in Form No. 8 in the
Schedule or as near thereto as the circumstances may permit.

7. Every deportation order shall state the grounds on
which it is made and the period during which it is to apply
and shall fix the time within which the person against whom
it is made shall depart from the Colony.

8.(1) Every person lawfully 1banished from the Straits
Settlements, or from any State in the Malay Peninsula which
is for the time being under the protection of the British
Government, or from the State of North Borneo, is hereby
prohibited from being in the Colony during the term of such
banishment unless he shall have obtained the written
permission of the Governor to be in the Colony.

(2) Any such permission may be revoked by the Governor
by writing under the hand of the Colonial Secretary served
on such person, and upon such revocation the provisions of
this section shall apply as though such permission had not
been obtained.

(3) No person shall be deemed to have committed a breach
of the provisions of this section if during the term of such
banishment he has-been within the Colony on one occasion
nly for such period as may be reasonably necessary for him
to make arrangements for his departure: Provided however
that it shall be lawful for any police officer to arrest and
detain any such person or to take such other steps as may
be necessary to facilitate or to expedite his departure.

9.-(1) Every person who is prohibited from being within
the Colony either by virtue of a deportation order made
under this Ordinance or made under any Ordinance repealed
by this Ordinance, or by virtue of the provisions of section
8 of this Ordinance or of the provisions of section 11 of the
Deportation Ordinance, 1912, and who without. lawful
authority or excuse is within the Colony after the date fixed
by such deportation order for his departure and before the
expiration of the period of his deportation, or at any time
contrary to the pro-visions of section 8 of this Ordinance or





to the provisions of section 11 of the Deportation Ordinance,
1912, shall be guilty of a misdemeanor.

(2) Where any such person is convicted. summarily before
a magistrate, he shall be liable to imprisonment for any term
not exceeding one year.

(3) Where any such person Is convicted on indictment, he
shall be liable to imprisonment for any term not exceeding
five years in cases where the period of deportation or
banishment exceeded fifteen years, to imprisonment jor any
term not exceeding three years in cases where the period of
deportation or banishment did not exceed fifteen years but
exceeded five years, and to imprisonment for any term not
exceeding two years in cases where the period of deportation
or banishment did not exceed five years.

(4) Where the period of deportation or banishment is for
life, such period shall be deemed to exceed fifteen years for
the purposes of this section.

10. Every person who without lawful authority or excuse
knowingly harbours or conceals any person who is prohibited
from being within the Colony either by virtue of a deporta-
tion order made under this Ordinance or made under any
Ordinance repealed by this Ordinance, or by virtue of the
provisions of section 8 of this Ordinance or of the provisions
of section 11. of the Deportation Ordinance, 1912, shall upon
summary conviction be liable to a fine not exceeding two
hundred and fifty dollars.

11. The Governor may appoint any building. or portion of
a building to be a House of Detention for the purposes of
this Ordinance and any person to be Superintendent of such
House, and in default of such appointments Victoria Gaol
shall be the House of Detention and the Superintendent of
Victoria Gaol shall be the Superintendent of the House of
Detention.

12---(1) In any proceedings whatsoever, a deportation
order signed by the Clerk of Councils, or a copy of a depor-
tation order certified by the Clerk of Councils, -shall be
deemed conclusive evidence that the deportation order was
duly and validly made and issued against the person named
in such order and, that the order was made on -the date
therein specified.
As amended by Law Rev. Ord., 1924.





(2) In any proceedings whatsoever, any document which
purports to be a deportation order and to be signed by the
Clerk of Councils, or any document which purports to be a
copy of a deportation order and to be certified by the Clerk
of Councils, shall, until the contrary is proved, be deemed
respectively to be a deportation ordeisigned by the Clerk of
Councils or to be a copy of a deportation order certified by
the Clerk of Councils.

(3) In any proceedings under this Ordinance, an order of
banishment purporting to be signed by, or a copy of an order
of banishment purporting to be certified by, any of the
following officers shall, until the contrary is proved, be
deemed to be sufficient evidence of the fact and date of such
banishment:-

(a) the Colonial Secretary of the Straits Settlements

(b) the British Resident or the Secretary to the Resident
in any of the Federated Malay States;

(c) the General Adviser in the State of Johore;

(d) the British Adviser, in the States of Kedah, Kelantan
or Perlis;

(e) the British Agent in the State of trengganu;

(f) any officer acting for any of the above officers;

(g) the Principal Representative of the British North
borneo Company in Borneo;

(h) such other officers as may be notified by the Governor
in the Gazette for the purposes of this sub-section.

(4) In any proceedings under this Ordinance, an indorse-
ment on any deportation order in Form No. 9 in the Schedule,
which purports to be signed by a police interpreter or by
any police officer, shall, until the contrary is proved, be
deemed sufficient evidence that the said deportation order
was duly explained to the person named in such order as
therein stated.

(5) In any proceedings under this Ordinance, it shall, until
the conttary is proved, be assumed that the finger prints on
any deportation order which has been produced are those of
the person against whom the order was made.





(6) If in any proceedings whatsoever relating to any
deportation order or intended deportation order the person
who has been deported or whose deportation has been
ordered or whose deportation is being considered alleges
that he is a British subject or that either of his parents
was a British subject at the date of the birth of such person,
thp onus of proving such allegation shall be on such person.

(7) The answers given to the questions set out in Form
No. 2 in the Schedule shall not be admissible in evidence in
any proceedings except in proceedings under this Ordinance.

13. The decision of the Governor in Council as to whether
under the provisions of this Ordinance any person is liable
to deportation or should be deported shall be final and
conclusive for all purposes whatsoever.

14. A report shall be made forthwith to the Secretary
of State upon the making of any deportation order made
against a British subject or made under the provisions of
section 3 (2).

15. The following Ordinances are repealed:-
The Deportation Ordinance, 1912; the Deportation
Ordinance, 1913; the Deportation Ordinance, 1914; and
the Deportation Ordinance, 1915.

SCHEDULE.

Form No. 1. [s. 4 (4).]


WARRANT FOR ARREST AND DETENTION.

The Deportation Ordinance, 1917.
Hongkong.

To the Captain Superintendent of Police and each and all of the police
officers of the Colony and to the Secretary for Chinese Afflairs and each and
all of the District Watchmen of the Colony and to the Superintendent of
the House of Detention :
Whereas it has been made to appear to me that there are reasonable
grounds for inquiry as to whether ...................................................

should be deported

As amended by Law Rev. Ord., 1924.
As amended by No. 19 of 1921 and Law Rev. Ord., 1924,






These are therefore to comimind You to arrest the said ........................

........................and to detain him for a period of
six days from the date hereof.

Dated the ..............day of 19

.................
Governor

Fown No. 2. [ss. 4 (6) and 12 (7).]

QUESTIONS.
1. What is your liatne
2. How old are you ?
3. Where were you horn
4. It is alleged against you that
Have you anything to say in answer to this charge or any reason to give

why you should not be deported ?
5. How long have you resided ill this Colony ?
6. Have you any relations living in this Colony, and, if so, what. are

their names and where do they reside ?
7. Have you any and what witnesses or other evidence to adduce in sup-
port of what you say, and where are such witnesses, if any, to be found ?
I hereby certify that the said .......................................................
made in the ........language the answers herein recorded
...................
in the English language.

Dated the ...................day of 19

........................................
Assistant to the
Secretary for chinese affairs

. .......... .......... .. .. .. ... .. .. .. ..... .... .
interpreter.

FORM No. 3.

REPORT.
To the Hon. Colonial Secretary,
Hongkong.

In accordance with the provisions of the Deportation Ordinance, 1917, I
have the honour to transmit herewith the certified answers in the English
language of ............................who
has been duly examined in accordance with the provisions of the said Ordi-
nance. I also forward herewith the reports on which the allegations in
Question No. 4 were based. My own opinion is that ............................
..........................
Dated the ..............day of 19

......................
secretary for chinese affairs.





FORM -No. 4.

WARRANT^ FOR FURTHER DETENTION.

the Deportation Ordinance, 1917.
Hongkong.
To the Captain Superintendent of Police and each and all of the police
officers of the Colony and to the Secretary for Chinese Affairs and each arid
all of the District Watchmen of the Colony and to the Superintendent of
the House of Detention.

Whereas .............is detained by you or
one of you by virtue of a warrant issued by me under the provisions
of the Deportation Ordinance, 1917, and whereas I am satisfied that the
said ............. otioht to he so detained
for a further period in order that further inquiry may be made: Now there-
fore I do hereby order that the aforesaid warrant issued by me shall be of
full force and effect for a period of four days after the date on which it
would save for this warrant expire.

Dated the ...................day of 19

......................
Governor.

Form No. 5. [s. 4 (10).]

RECOGNIZANCE OF BAIL.

The Delwriation Ordinance, 1917.
Hongkong
in the police court at Victoria in the Colony of Hongkong oil the .........
day of .........19 .................... of
.........................of and
of ...........personally came before me the
undersigned a magistrate of the Colony and severally acknowledged them-
selves to owe to Our Sovereign Lord the King the several sums following,
that is to say the said .the sum of
................ the said .......the sum of
................ and the said ..........the
sum of ...............each to be made and levied of their
several goods and chattels lands and tenements respectively to the use of
our said Lord the King His Heirs and Successors if the said ...................
shall fail in the condition following.
Taken and acknowledged the ..........day of 19

Before me,

magistrate

interpreted by

sworn interpreter.





CONDITION.
The condition of the within-written recognizance is sue
.............................,shall that if the
said .................shall appear and surrender himself into the
custody of the Superintendent of the House of Detention in the Colony of
Hongkong on the ...............day of 19 at
o'clock in the noon then the said recognizance tobe void or else to
stand in full force and virtue.

Form No. 6. [s. 4 (12).]

ORDER FOR DISCHARGE.

The Deportation Ordinance, 1917.
Hongkong.

TO the Superintendent of the House of Detention.
Whereas is detained by you in the House of Detention by
virtue of a warrant issued under the provisions of the Deportation Ordi-
nance, 1917, and whereas His Excellency the Governor is satisfied that
the said .........................ought not
to be further detained and has given me directions accordingly : These are
therefore to command you to release the said .......................................
Dated the .................day of 19

...................................
Colonial Secretary.

Form No. 7. [ss. 3 (3), 4 (13).]

DEPORTATION ORDER.

Deportation Ordinance, 1917.
Council Chamber, Victoria, in the Colony of Hongkong, the ............
day of ......................19
Whereas it appears to the Governor in Council that ..........................
................................................................................
Should be prohibited
under the provisions of tile Deportation Ordinance, 1917, from being within
the Colony for the space of years (or for life) from the date
hereof upon the grounds hereinafter appearing :
The Governor in Council doth hereby by virtue of the said Ordinance
order that the above-named person be probibited and the said person is
hereby probibited from being in the Colony for the space of time aforesaid
from ihe said date, and doth further order that the period of ...................
days from the said date be fixed as the time within which the said person
shall depart from the Colony aforesaid.
Statement of the grounds upon which this order is made
That the said person

.............
clerk of councils.






Fop.m No. 8. is. 6 (3).]

INDORSEMENT AS TO TIME FOR DEPARTURE.

The Deportation Ordinance, 1917.
It is hereby ordered
(1) That the said .....................................................
shall depart from the Colony by the S.8 .................................
........................... ,
sailing on or about the

(2) That the S.S .............................................................
sailing on or about the .....................................................
be substituted for the said S.S ..........*
(3) That the time within which the said .......................................
.. shall depart from the Colony be extended
to the ...................................................................
Dated the .................................

By command,

....... ..
colonial secretary


To be filled up only if necessary.

FORM NO. 9. [s. 12 (4).]

INDORSEMENT AS TO EXPLANATION OF ORDER.

I, the undersigned police officer hereby certify that on the ..................
day of .........19 ..I explained the within order to the
said ...........in the Language
and that I was satisfied that he understood it.

Dated the ............day of 19

.............

police interpreter

No. 26 of 1917, repealed by Law Revision Ordi-
nance, 1924.

No. 27 of 1917, repealed by No. 30 of 1923.
[Originally No. 25 of 1917. No. 19 of 1921. Law Rev. Ord. 1924.] Short title. Interpretation. Power of summary deportation. Schedule. Form No. 7. Power of deportation generally. Schedule. Form No. 1. Schedule. Form No. 2. [s. 4 contd.] Schedule. Form No. 3. Schedule. Form No. 4. Schedule. Form No. 5. Schedule. Form No. 6. Schedule. Form No. 7. Service of deportation order and arrest. Deported person to be deemed to retain his nationality. Power to order that a deportee shall depart by a particular train or ship. Schedule. Form No. 8. Grounds and period to be stated in deportation orders. Certain persons prohibited from being within the Colony. Penalty for return from deportation or banishment. [cf. No. 3 of 1890, s. 85.] Ordinance No. 9 of 1912. Penalty for harbouring. Ordinance No. 9 of 1912. House of Detention. [cf. No. 9 of 1897, ss. 3, 4.] Evidence. [s. 12 contd.] Schedule. Form No. 9. Schedule. Form No. 2. Decision of Governor in Council to be final. Report to Secretary of State. Report to Secretary of State. Repeal of Ordinances Nos. 9 of 1912, 10 of 1913, 20 of 1914 and 35 of 1915.

[Originally No. 25 of 1917. No. 19 of 1921. Law Rev. Ord. 1924.] Short title. Interpretation. Power of summary deportation. Schedule. Form No. 7. Power of deportation generally. Schedule. Form No. 1. Schedule. Form No. 2. [s. 4 contd.] Schedule. Form No. 3. Schedule. Form No. 4. Schedule. Form No. 5. Schedule. Form No. 6. Schedule. Form No. 7. Service of deportation order and arrest. Deported person to be deemed to retain his nationality. Power to order that a deportee shall depart by a particular train or ship. Schedule. Form No. 8. Grounds and period to be stated in deportation orders. Certain persons prohibited from being within the Colony. Penalty for return from deportation or banishment. [cf. No. 3 of 1890, s. 85.] Ordinance No. 9 of 1912. Penalty for harbouring. Ordinance No. 9 of 1912. House of Detention. [cf. No. 9 of 1897, ss. 3, 4.] Evidence. [s. 12 contd.] Schedule. Form No. 9. Schedule. Form No. 2. Decision of Governor in Council to be final. Report to Secretary of State. Report to Secretary of State. Repeal of Ordinances Nos. 9 of 1912, 10 of 1913, 20 of 1914 and 35 of 1915.

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