DEPORTATION (BRITISH SUBJECTS) ORDINANCE

DEPORTATION (BRITISH SUBJECTS) ORDINANCE

CHAPTER 239.

DEPORTATION (BRITISH SUBJECTS).

To regulate the deportation of undesirable Rritish subjects.

[24th April, 1936.]

1. This Ordinance may be cited as the Deportation
(British Subjects) Ordinance.

2. (1) In this Ordinance-
'British subject' includes a British protected person.
'convicted person' means a person in respect of whom the
Governor is satisfied that he has been convicted by any
court of any offence punishable with imprisonment other-
wise than only in default of payment of a fine;
'deportation order' means ail order requiring the person in
respect of whom it is made to leave or remain out of the
Colony;
'destitute person' means a person who is, or is likely to be,
a charge upon public funds by reason of mental or
bodily health or insufficiency of means to support himself
and his dependants (if any);
'person charged' means a person in respect of whom it is
alleged that there are grounds for making a deportation
order under this Ordinance and includes a person in
respect of whom such an order has been made;
'prohibited immigrant' means a person who being of one
or more of the categories set out in paragraphs (a) to
(k) of subsection (I) of section II of the Immigrants
Control Ordinance, has entered the Colony but has not
thereby committed an offence under that Ordinance;
'undesirable person' means a Person who is or has been
conducting himself so as to be dangerous to peace, good
order, good government, or public morals.
(2) For the purposes of this Ordinance a person shall be
deemed to belong to the Colony if he or she is a British
subject and-
(a)was born in the Colony or of parents who at the
time of his or her birth were ordinarily resident in
the Colony; or
(b)has been ordinarily resident in the Colony continu-
ously 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
naturalization 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 per-
son 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 recognized 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, or, in the case of a convicted perscn, the date upon
which he is charged with the offence, he is a British
subject and has been resident in the Colony, immediately
preceding the service of the notice or the charge, 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 two 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
deportation order made under this Ordinance has been in
force as respects that person shall not be taken into account.

3. (1) Subject to the provisions of this Ordinance, the
Governor in Council may, if he thinks fit, make a deporta-
tion 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; or
(b) an undesirable person; or
(c) a destitute person; or
(d) a prohibited immigrant.

(2) For the purpose of this section a court or magistrate
may recommend in addition to or in lieu of sentence that a
deportation order should be made in respect of a convicted
person who is an immigrant British subject, and the burden
of proof that such person belongs to the Colony shall for
such purpose be upon that person : Provided that except
as provided in section 4 the exercise or failure to exercise the
powers conferred hereby on a court or magistrate shall not
be deemed to affect the powers of the Governor in Council.

4. Except where a court or magistrate has recommend-
ed 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 a report on the case and the Governor in
Council is satisfied, having regard to the findings of fact and
any conclusions of law as stated in the report, that such order
may lawfully be made.

5. (1) A notice in Form I in the Schedule shall
be served upon the person charged specifying with sufficient
particulars to give him reasonable information as to the
nature of the facts alleged against him, the grounds upon
which it is alleged that an order may be made against him
under this Ordinance, and requiring him to shew cause before
a judge in chambers at a time to be stated in the notice, or at
such later time as the judge may appoint, why such order
should not be made in respect of him.

(2) In the case where it is proposed that a deportation
order should be made but such order cannot be made without
the approval of the Secretary of State, the notice shall contain
information to that effect.

(3) In any case where it is intended to take proceedings
against any person under this Ordinance on the ground that
he is an undesirable person, and it is represented on oath or
affidavit to a judge in chambers that the person is an undesir-.





able person, the judge may issue a warrant for his arrest,
and if the notice mentioned in subsection (i) shall not have
already been served upon him it shall be so served not
later than twenty-four hours after his apprehension.

6. (1) At the time appointed in the notice served under
the foregoing section or at any adjournment of the hearing
the judge shall take such evidence upon oath as is tendered
in support of the charges, and the witnesses may be cross-
examined by the accused or his counsel or solicitor and the
accused may on his own behalf call such witnesses and tender
such other evidence as may be relevant upon the questions
at issue.

(2) The judge after considering the evidence adduced
before him and making any further investigations which lie
may consider to be desirable, shall make a report to the
Governor setting out his findings of fact and his conclusions
on any questions of law involved, and, if he thinks fit,
making a recommendation as to the issue in the case of any
order or orders under this Ordinance.

7. Where a judge, court or magistrate recommends the
making of a deportation order on the grounds that the person
charged is an undesirable person or a convicted person, the
person charged may, if the judge, court or magistrate, as the
case may be, shall so order, be detained in such manner as
the judge, court or magistrate may direct pending the
decision of the Governor for a period not exceeding twenty-
eight days and, where reference to the Secretary of State
is necessary before a deportation order is made, such further
period as may be necessary for that purpose, and shall be
deemed to be in legal custody whilst so detained.

8. Every deportation order shall be in Form 2 in the
Schedule.

9. (1) As soon as practicable after a deportation order
is made a copy thereof shall be served upon the person
charged together with a summary of the findings of fact and
conclusions of law as stated in the report made under sub-
section (2) of section 6.





(2) Subject to the provisions of subsection (3) a person
with respect to whom a deportation order is in force, may
be detained in such manner as may be directed by the
Governor, and may be placed on a ship about to leave
the Colony and shall be deemed to be in legal custody
while so detained and until the ship finally leaves the Colony.

(3) No person shall be detained under subsection (2)
for a period exceeding twenty-eight days; and, if at the
expiration of such period he has not been removed or
deported as aforesaid, the deportation order shall cease to
have effect.

10. (1) Where a deportation order is made the Gover-
nor may, if he thinks fit, apply any money or property of
the person charged in payment of the whole or any part of
the expenses of or incidental to the voyage from the Colony
and the maintenance until departure of that person and his
dependants (if any).

(2) Except so far as they are defrayed under the preced-
ing subsection any such expenses shall be payable out of
public funds.

11. If a person in respect of whom a deportation order
is made under this Ordinance has been sentenced to any
term of imprisonment, such sentence shall be served before
the order is carried into effect, unless the Governor otherwise
directs.

12. (1) The Governor in Council by order may-
(a) at any time revoke any deportation order;
(b)vary a deportation order so as to permit the person
mentioned therein to enter the Colony, and may
attach to such permission conditions as to security
or otherwise.

(2) Any order made under paragraph (b) of the preced-
ing subsection may be expressed to have effect for the
duration of the order thereby varied or for any lesser period.

(3) As soon as practicable after an order has been
made under this section a copy thereof shall be served upon
or sent to the person in respect of whom it is made.





13. (1) If a person in respect of whom a deportation
order is in force disobeys the order, or having entered in
pursuance of permission given as hereinbefore provided,
wilfully fails to observe any condition attached to such per-
mission, he shall be liable on summary conviction to a fine
of two thousand dollars and to imprisonment for six months
and to be again deported under the original order, and the
provisions of sections 9, 10 and 11 shall apply accordingly.

(2) Nothing in this section shall prevent the making
of a deportation order in accordance with the provisions of
this Ordinance in consequence of a conviction for an offence
under this Ordinance.

14. Any person who, without lawful excuse, knowingly
harbours or conceals any pePson who-
(a)is within the Colony in contravention of the terms
of a deportation order, or
(b)having entered the Colony in pursuance of permis-
sion given as hereinbefore provided, has wilfully
failed to observe any condition attached to such
permission,
shall on summary conviction be liable to a fine of one thou-
sand dollars.

15. In any proceedings under this Ordinance-
(a) the burden of proof that the person charged belongs
to the Colony shall be upon that person;
(b)a document purporting to be an order made under
this Ordinance shall, until the contrary is proved,
be presumed to be such an order; and
(c)any order made under this Ordinance shall be
presumed, until the contrary is proved, to have been
validly made upon the date upon which it purports
to have been made.

16. The Governor shall forthwith report to the Secretary
of State every order made by him under this Ordinance and
the grounds thereof and the proceedings thereunder.





SCHEDULE.
FORM 1. [s. 5 (1).]
Notice to show cause before a judge in chambers.
Deportation (British Subjects) Ordinance.
(Chapter 239 of the Revised Edition of Ordinances).
HONG KONG.
To ..............................
Whereas it is alleged against you that you are an immigrant
British subject who does not belong to the Colony and that a
deportation order ought to be made against,you by reason of the
following facts, that is to say that you .......................................
.............................
and on the following grounds that you are +(an undesirable person
or a destitute person or a prohibited immigrant) *(and whereas the
approval of the Secretary of State is necessary under subsection (3)
of section 2 of the above-named Ordinance before a deportation
order can be made)

You are hereby required to show cause before +(His. Honour
the Chief Justice or as the case may be) in his chambers at the
Courts of Justice at ........o'clock in the noon, or at such
later time as he may appaint, why such a deportation order should
not be made against you.

Dated this day of 19

.......
Clerk of Councils.

Note to Clerk. of Councils..
+delete words in brackets which are inapplicable.
*delete words in brackets unless the approval is required under sub-
section (3) of section 2 of the Ordinance.

.....FORM 2. [s. 8.]

.....Deportation Order.

Deportation (British Subjects) Ordinance.

(Chapter 239 of the Revised Edition of Ordinances).

Council Chamber, Victoria, in the Colony of Hong Kong, the
.....................day of 19
Whereas it appears to the Governor in Council that ...............
............. should be required to leave and remain out
of the said Colony under the provisions of the above-named Ordin-
ance for* (the period of years or for an unlimited
period) from the date hereof upon the grounds hereinafter appearing:





The Governor in Council doth hereby by virtue of the said
Ordinance order the above-named person to leave and remain out
of the said Colony for the said period from the said date, and doth
further order that the period of days from the date of
the discharge of the said person from prison, or from the date of
service upon him of this order, whichever be the later, 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, being an immigrant British subject who
does not belong to the Colony of Hong Kong, is- *(a convicted
person in respect of whom a court has recommended that a deporta-
tion order should be made in his case, either in addition to or in
lieu of sentence

or
an undesirable person

or

a destitute person

or

a prohibited immigrant).

.....................................
Clerk of Councils.

Note to Clerk of Councils.

*delete words in brackets which are inapplicable.
16 of 1936. 5 of 1937. 44 of 1949. 9 of 1950. 22 of 1950. Short title. Interpretation. 44 of 1949, s. 7. (Cap. 243.) 5 of 1937, s. 2. [s. 2 cont.] (4 & 5 Geo. 5, c. 17.) (44 of 1902) 5 of 1937, s. 2. 5 of 1937, s. 2. Power to make deportation orders. 9 of 1950, Schedule. 9 of 1950, Schedule. Procedure for making orders. 9 of 1950, Schedule. Service of notice and arrest. Schedule Form 1. [s. 5 cont.] Powers of judge. Detention in custody pending decision. 9 of 1950, Schedule. Form of order. Schedule Form 2. Execution of deportation order. 5 of 1937, s. 3. Expenses. Persons undergoing sentence. Revocation and variation of orders. Penalties for breach of order. 22 of 1950, Schedule. Penalty for harbouring. 32 of 1950, Schedule. Evidence. Report to Secretary of State. [Sch. Cont.]

16 of 1936. 5 of 1937. 44 of 1949. 9 of 1950. 22 of 1950. Short title. Interpretation. 44 of 1949, s. 7. (Cap. 243.) 5 of 1937, s. 2. [s. 2 cont.] (4 & 5 Geo. 5, c. 17.) (44 of 1902) 5 of 1937, s. 2. 5 of 1937, s. 2. Power to make deportation orders. 9 of 1950, Schedule. 9 of 1950, Schedule. Procedure for making orders. 9 of 1950, Schedule. Service of notice and arrest. Schedule Form 1. [s. 5 cont.] Powers of judge. Detention in custody pending decision. 9 of 1950, Schedule. Form of order. Schedule Form 2. Execution of deportation order. 5 of 1937, s. 3. Expenses. Persons undergoing sentence. Revocation and variation of orders. Penalties for breach of order. 22 of 1950, Schedule. Penalty for harbouring. 32 of 1950, Schedule. Evidence. Report to Secretary of State. [Sch. Cont.]

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