DEPORTATION OF ALIENS ORDINANCE

DEPORTATION OF ALIENS ORDINANCE

CHAPTER 240.

DEPORTATION OF ALIENS.

To consolidate and amend the law relating to the deportation
of undesirable aliens.

[13th September, 1935.]

1. This Ordinance may be cited as the Deportation
of Aliens Ordinance.

2. In this Ordinance-
'aliens' means a person who is not a British subject or a
citizen of the Republic of Ireland or a British protected
person but includes a British protected person who has
been deported, banished or expelled from any territory
which is not a foreign country,-
'British subject', 'British protected person' and 'foreign
country' have the meanings attributed thereto by the
British Nationality Act, 1948.

3. (1) The Governor in Council may at any time
Summarily issue a deportation order against any person
whom he finds to be an alien-
(a)if in the opinion of the Governor in Council he has
been deported or banished from the United King-
dom, from any British possession or from any
territory which is under His Majesty's protection,
or in respect of which a mandate is being exercised
by the government of any part of His Majesty's
dominions; or
(b)if the alien has been convicted in the Colony of
any offence; or
(c)in any special case not falling under paragraph (a)
or (b), if the Governor in Council deems it to be
conducive to the public good to make summarily a
deportation order against the alien.

(2) The Governor in Council may also at any time
issue a deportation order against any person whom he finds
to be an alien if upon any inquiry in the manner prescribed
in section 4 he is of opinion that the alien should be
deported.





(3) Any deportation order issued under the provisions
of this section may be in Form 7 in the First Schedule.

4. (1) 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 1 in the First Schedule authorizing the arrest of such
person and his detention for a period not exceeding fourteen
days.

(2) Any person arrested under such warrant may be
detained in the custody of any officer referred to in the said
warrant and mav be transferred from the custody of such
officer to any other such officer as oflen as may be desirable.

(3) 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 Secretarv
for Chinese Affairs, or the District Commissioner, New
Territories, or a District Officer, shall interview the person
so arrested and shall ask such person the questions set
forth in Form 2 in the First Schedule : Provided, how-
ever, 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 lie
should not be deported, it shall not be necessary for such
person to be asked to answer the fifth, sixth, seventh and
eighth questions in the said form.

(4) The officer who interviews such person may, in
addition to the questions specified in the said form, ask him
any other questions which such officer may think desirable
for the purpose of elucidating his answers or for the purpose
of directing his attention to any particular in the questions
or allegations which appears to such officer to require a reply
or further reply.

(5) If in answer to the eighth question the person
expresses willingness to be questioned about the matter, his
evidence shall be taken, but not on oath, by such officer,
who may examine and cross-examine him and any witness
to such extent as he considers reasonable.

(6) The officer who interviews such person shall take
down in English, with or without the assistance of an
interpreter and whether such interpreter be sworn or not,





a full record of the answers gilven by the person interviewed
to the questions asked him, and of the evidence (if any)
given by him and such answers and evidence 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 by the inter-
preter if any be employed.

(7) The said officer shall place on record in a form
convenient for the consideration of the Governor in Council
the reports on which the allegations in the fourth question
were based, the statements of witnesses and other evidence
adduced by such person and any further statements or
evidence which it becomes necessary to adduce in con-
sequence thereof and he may from time to time adjourn
the proceedings for the purpose.

(8) So soon as conveniently may be thereafter the
Secretary for Chinese Affairs shall transmit to the Colonial
Secretary a report in Form 3 in the First Schedule for the
consideration of the Governor in Council.

(9) A magistrate may at any time after the conclusion
of the interview referred to in subsection (3) 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
under 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 Central Police Station at any specified date and time.
The recognizance of bail may be in Form 5 in the First
Schedule.
(10) The Colonial Secretary by direction of the Gov-
ernor may by order in Form 6 in the First Schedule direct
the release of any person under any such warrant as
aforesaid, and on receipt of such order the superintendent
of the house of detention shali release such person.

5. (1) A warrant in Form 1 in the First Schedule mav
be used also where the summary procedure authorized by
subsection (1) of section 3 is adopted, provided the Governor
is satisfied that detention is necessary in order that the
proceedings may be completed.





(2) In proceedings under this Ordinance the Governor
may from time to time by warrant authorize the detention
of a person already in custody for a further period of
seven days from the date of the expiration of the previous
warrant or of the sentence as the case may be, provided
the Governor is satisfied that the said person ought to be
detained in order that further inquiry may be made or the
existing proceedings completed. A warrant under this sub-
section may be in Form 4 in the First Schedule with such
variation as the case may require.

6. No steps or proceedings whatsoever other than those
expressly specified in this Ordinance shall be necessary to
the validity of any deportation order made or purporting to
have been made under this Ordinance.

7. No proceedings whatsoever connected in any
manner with any consideration or inquiry under the
provisions of this Ordinance, or with any other consideration
or 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
consideration or inquiry under the provisions of this Ordin-
ance or to the making of any deportation order thereon.

8 (1) A competent authority upon being satisfied-
(a) that an alien stands sentenced to a sentence of
not less than six months imprisonment for one or
more of the offences specified in the Second
Schedule; and
(b)that after taking into consideration any remission
to which such alien may be entitled he will still
be required to serve for such offence a sentence of
imprisonment of not less than fourteen days after
service upon him of a notification under subsection
(7) ;
shall unless the Governor otherwise directs order that such
alien shall be deported for life.
(2) A competent authority upon being satisfied-
(a)that an alien stands sentenced to imprisonment for
a term of one month or more and less than six
months for an offence specified in the Second
Schedule; and





(b)that after taking into consideration any remission
to which such alien may be entitled he will still be
required to serve for such offence a sentence of
imprisonment of not less than fourteen days after
service upon him of a notification under subsection
(7) ;
shall unless the Governor otherwise directs order that such
alien be deport for ten years.

(3) Without rejudice to the provisions of subsections
(1) or (2) a competent authority, upon being satisfied-
(a) that an alien has been convicted of an offence,
Whether or not such offence is an offence specified
in the Second Schedule;
(b)that after taking into consideration any remission
to which such alien may be entitled he will still be
required to serve for such offence a sentence of
imprisonment of not less than fourteen days after
service upon him of a notification under subsection
(7); and
(c) either that a term of imprisonment of more than
twelve months has been applied for such offence or

that the term of imprisonment applied for such
offence is such that it will together with any other
terms of imprisonment applied for any offence of
which such alien has at any time been convicted
by any competent court or magistrate in the Colony
aggregate to more than twelve months,
shall unless the Governor othervise directs rder that such
alien be deported for a period of ten years.

(4) If it appears to the Registrar of the Supreme Court
or to a magistrate that by reason of a sentence or sentences
of imprisonment imposed on any person by the court or by
such magistrate as the case may be, and by reason the
sentences imposed on such person for previous convictions
which have been proved or admitted by such person in the
proceedings before such court or magistrate the competent
authority would, if such person were an alien, be required
by the provisions of subsection (3) to order his deportation,
the Registrar or the magistrate shall cause to be forwarded
to the Commissioner of Prisons together with the certificate
of sentence or warrant of commitment a certificate of such





previous convictions in Form 10 or 11 of the First Schedule
as the case may be.


(5)A Certificate in the form prescribed by subsection.
(4) purporting to be signed by the Registrar of the Supreme
Court or a magistrate as the case may be shall unless it be
shown that it was not signed by such Registrar or magistrate
be sufficient evidence for the purposes of this section of the
facts therein stated

(6) A certificate of sentence purporting to be signed
by the Registrar of the Supreme Court and a warrant of
commitment purporting to be signed by the magistrate shall
unless it be shown that it was not signed by such Registrar
or magistrate be sufficient evidence for the purposes of this
section of the facts therein stated.

(7) Whenever the competent authority is satisfied that
he would be required by this section to order the deportation
of any person if such person is an alien he shall notify such
person by the notification in Form 12 in the First SAiedule
that the competent authority is proposing to order his
deportation as an alien convict, to whom this section applies.

(8) A person who has received notification under sub-
section (7) may within fourtee days from the receipt of
such notification claim that he is not an alien or petition the
Governor to exercise the power conferred by subsection (io)
by completing the appropriate portions of Form 12 and
deffilering such form to the superintendent of the prison
where he is in custody.

(9) If the person receiving such notification as afore-
said duly claims that he is not an alien then, after
investigation of such claim, opinions on the validity of such
claim shall be given by the Attorney General and the
Secretary for Chinese Affairs and the claim together with
such opinions shall be referred to the Covernor unless the
Attorney General and the Secretary for Chinese Affairs are
both of opinion that such claim is valid in which event the
Attorney General shall direct the competent authority that
no deportation order should be made. Wheneve such
claim has been referred to the Governor under this sub-
section the Governor shall decide whether to accept or reject
such claim and shall cause the competent authority to be
notified of his decision. It shall be lawful for the competent





authority to give effect without further inquiry to the
direction of the Attorney General or the decision of the
Governor.
(10) if the person receiving such notification petitions
the Governor exercise his powers under this subsection
such petition shall be forwarded to the Governor with the
observations of the Attorney General and the Secretary for
Chinese Affairs and the Governor may, if he considers that
in all the circumstances of the case the alien should be
permitted to remain in the Colony, direct that no deportation
order shall be made under this section against such alien.

(11) If the person receiving such notification neither

claims that he is not an alien nor petitions the Governor
under subsection (10) or if every such claim or petition as
may be lodged within due time is rejected then the competent
authority shall proceed to make an order of deportation in
Form 13 in the First Schedule. Such order, if made during
the subsistence of any term of imprisonment imposed on the
person to whom it relates which has not been remitted, shall
take effect as on the day when such person is due to be
released from such imprisonment and subject as aforesaid
shall authorize deportation from the day upon which it is
made.

(12) If a prisoner becom due to be released from
custody by reason of the expiration of any lawful sentence
of imprisonment at a time when a claim not to be an alien
or a petition to the Governor lodged under this section is
still undetermined the Commissioner of Prisons shall notify
the Governor accordingly and shall detain such person in
his custody until directed by the Governor to release him
therefrom or, in the event of an order for the deportation
of such person being made, until he is removed therefrom
by or by the direction of the Commissioner Police in
pursuance of such order.

(13) The notification provided for by section (7)

shall not be given until the time for by material appeal
or review has expired and, if any material appeal review
has in the meanwhile become pending, such notification shall
not be given until the determination of any such appeal or
review. A notification given in contravention of this

provision shall be a nullity but shall not prejudice the giving





of another valid notification. An appeal or review shall be
deemed to be material to the giving of a notification to a
particular person if as a result of such appeal or review
a sentence of imprisonment imposed by a competent court
or magistrate in the Colony on such person might be
affected.

(14) Nothing herein contained shall derogate from the
power vested in the Governor in Council by section 3.

(15) The Governor in Council may by regulation amend
the Second Schedule.

(16) If the competent authority shall be a person other
than the Commissioner of Prisons, the Commissioner shall
transmit to the competent authority all documents and
information relevant to the exercise of the powers and duties
of such authority and shall afford to such authority every
facility for inspection of prison registers and records and for
interviewing any convict alien.

(17) The directions of the Governor under this section
may be signified under the hand of the Clerk of Councils.

(18) In this section-
'competent authority' Means ch person as the Governor
may by, notification in the Gazette appoint to be the
competent authority for the purposes of this section;
'competent court' includes any court constituted under
Proclamation 8 of the British Military Administration
and any court which since the 30th day of August,

1946, was constituted for the trial of war criminals but

does not include any court constituted or set up in the
Colony between the 25th day of December, 1941, and
the 1st day of August, 1945 ;
'imprisonment' includes any detention imposed in lieu of
impri,sonment tinder sections 13, 14 and 15 of the
juvenile Offenders Ordinance;
'Registrar of the Supreme Court' includes a deputy
registrar of the Supreme Court;
stands sentenced' or 'applied for' means respectively
stands sentenced or applied for whether before or after
the 1st day of January, 1950, after taking into considera-
tion any appeal or review but without taking into
considerationr any remission whether granted by the





Governor or by any application of the Prison Rules or
any period of the sentence which has in fact been served.

9. (1) So soon as conveniently may be after the issue
of any deportation order issued under the provisions of this
Ordinance, the Commissioner of Police shall cause a copy
of such deportation order to be served on the person against
whom it is made.

(2) If in the opinion of the Commissioner of Police it
is necessary that such person should not remain at large
pending the departure of such person from the Colony,
such person, if on bail or otherwise at large inay then be
taken into custody, and if already in custody may be kept
in custody, and shall be in either case deemed to be under
lawful arrest and in lawful custody until he leaves the
Colony or until the Commissioner of Police sees fit to order
his prior release.

10. Where any deportation order tinder this Ordinance
is in force against any person, that person 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.

11. (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 deporta-
tion order has been issued shall depart from the
Colony by a particular train, or by a particular
ship whatever the immediate or ultimate destina-
tion of the said ship, if such destination is in a
country or other territory to which, in the opinion
of the Governor, such person properly belongs;
(b)in case it may in the opinion of the Governor be
impracticable or inexpedient that such person
should depart from the Colony by any train or ship
by which he has been ordered to depart to 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 subsection shall be construed as
empowering the Governor to order such person to leave the
Colony by any ship 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 subsection (i) shall be
sufficient authority to all Yolice officers and to the master and
crew of 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 and may be in Form 8 in the First.
Schedule or as near thereto as the circumstances may permit.

12. Every deportation order shall state 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.

13. (1) Any person who is prohibited from being
within the Colony by a deportation order made under this
Ordinance or a banishment or deportation order made under
any repealed Ordinance, and who without lawful authority
or excuse is within the Colony after the date fixed by such
order for his departure and before the expiration of the
period of his deportation or banishment, shall be guilty of
a misdemeanor.

(2) Where any such person is convicted summarily
before a magistrate, he shall be liable to imprisonment for





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

(5) Whenever an alien is convicted by a court of being
within the Colony without lawful excuse after the date fixed
for his departure under any deportation order and before
the expiration of the period of his deportation or banish-
ment such conviction shall be sufficient authority for the
Commissioner of Police to make such arrangements as he
may deem expedient to deport such alien from the Colony
and to such end the Commissioner and any person acting
upon his instructions or request may keep or cause such
alien to be kept in custody in any prison or house of deten-
tion until such alien leaves the Colony and may use such
force and restraint as is necessary to cause such alien to
depart from the Colony, and until such departure such
alien shall be deemed to be under lawful arrest and in lawful
custody : Provided that no alien shall be deported while
he is still serving a sentence of imprisonment imposed by
any competent court or magistrate which has not been
remitted or in breach of any condition imposed upon such
remission and that no alien shall be deported by virtue of
this subsection after the expiration of the period of his
deportation or banishment. For the purposes of this sub-
section the expression 'Commissioner of Police' shall be
deemed to include any deputy or asistant commissioner of
police.

(6) Notwithstanding the provisions of subsection (5)
an order of banishment or deportation may by order of the
Governor under the hand of the Clerk of Councils be
enforced against an alien whether or not lie has not been
prosecuted for the misdemeanor mentioned in subsection (I)





and the Governor may for such purpose by order under
the hand of the Clerk of Councils fix the time within which
any such alien shall leave the Colony and make any such
order as is mentioned in section II.

(7) An application for the order of the Governor may
be made by the Commissioner of Police or any person
authorized by him in any case or in any class or classes
of case in which the Attorney General may by any special
or general direction have authorized the making of such an
application.

(8) Any order made by the Governor under this
section shall refer to this section and may be endorsed
either on the original order of banishment or deportation
or upon any document which purports to be a copy of such
order and to be certified by the Clerk of Councils or may
be attached to any such order or document in any manner
which the. Clerk of Councils may deem convenient: Pro-
vided that nothing herein contained shall render invalid any
order which is not so endorsed or attached.

(9) Any such order shall subject to any limitation of
time and to any order made under section II have the same
effect and confer the same authority as a conviction by a
magistrate under subsection (5) hereof.

(10) It shall be lawful for any justice of the peace
to order that any alien in respect of whom he is satisfied-
(a) a deportation order is still in force; and
(b)his detention in custody is required pending the
making of an order under subsection (6),
to issue a warrant ordering that such alien be arrested and
be kept in custody in any police station or in any prison
or house of detention for a period of seven days. Any
warrant lawfully issued hereunder shall be a warrant of
arrest and detention within the meaning of subsection (I)
of section 51 of the Police Force Ordinance.

(II) The Governor in Council may make regulations
for carrying the provisions of subsections (6), (7), (8) and
(10) of this section into effect and for prescribing forms and
procedure.





14. Any person, who without lawful authority or
excuse knowingly harbours or conceals any person who is
prohibited from being within the Colony by a deportation
order made under this Ordinance or a banishment or de-
portation order made under any repealed Ordinance, shall
upon summary conviction be liable to a fine of two hundred
and fifty dollars.

15. 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; in default of Such appointment the prisons of
the Colony and the prison wards of the Government hos-
pitals in the Colony shall be houses of detention and the
Commissioner of Prisons shall be the superintendent of the
houses of detention.

16. (1) In any proceedings whatsoever, a deportation
or banishment order signed by the Clerk or Councils, or
a copy of such order certified by the Clerk of Councils,
shall be deemed conclusive evidence that the 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.

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

(3) In any proceedings under this Ordinance, an
indorsement on any deportation order in Form 9 in the
First 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. Also any indorsement on
any detention warrant purporting to state the date of arrest
of any person under the said detention warrant, and pur-
porting to be signed by the officer who made the arrest,





shall, until the contrary is proved, be deemed sufficient
evidence that the person referred to was arrested on the
date stated.

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

(5) If in any proceedings whatsoever relating to any
deportation or banishment order or intended deportation
order the person who has been deported or banished or
whose deportation has been ordered or whose deportation
is being considered alleges that he is not an alien the onus
of proving such allegation shall be on such person.

(6) The answers given to the questions set out in Form
2 in the First Schedule shall not be admissible in evidence
in any proceedings except in proceedings under this
Ordinance.

17. 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.

18. Areport shall be made forthwith to the Secretary
of State upon the making of any deportation order made
under the provisions of paragraph (c) of subsection (1) of
section 3.

FIRST SCHEDULE.

FORM 1. [ss. 4 (1) and 5 (1).]

WARRANT FOR ARREST AND DETENTION.

Deportation of Aliens Ordinance.

(Chapter 240 of the Revised Edition of Ordinances).
HONG KONG.

To the Commissioner of Police and each and all of the police
officers of the Colony and to the Secretary for Chinese Affairs
and each and all of the district watchmen of the Colony and to
the superintendent of the houses of detention:





Whereas it has been made to appear to me that there are
reasonable grounds for inquiry as to whether ...........................
........................... should be deported:
These are therefore to command you to arrest the said .........
and to detain him for a period
of fourteen days from the day on which he is arrested, including
the day of arrest.
Dated the..................... day of 19
......Governor

FORM 2.
QUESTIONS. [ss. 4 (3) and (5)
and 16 (6).]
1. What is your name?
2. How old are you?
3. Where were you born?
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 in 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 support of what you say, and where are such
witnesses, if any, to be found?
8. Are you willing to be questioned about this matter?

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 3.
REPORT. [s. 4 (8)]
To the Hon. COLONIAL SECRETARY,
HONG KONG.

In accordance with the provisions of the Deportation of Aliens
Ordinance (Chapter 240 of the Revised Edition), 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 Ordinance. I also forward herewith
the reports on which the allegations in Question No. 4 were based.
My own opinion is ..................................................................
.......................................
Dated the ...day of ..........19

...................
Secretary for Chinese Affairs.

FORM 4. [s. 5 (2).]

WARRANT FOR FURTHER DETENTION.
Deportation of Aliens Ordinance.
(Chapter 240 of the Revised Edition of Ordinances).
HONG KONG.
To the Commissioner of Police and each of all of the police
officers of the Colony and to the Secretary for Chinese Affairs
and each and all of the district watchmen of the Colony and to
the superintendent of the houses of detention:
Whereas ........is detained by you or
one of you by virtue of a warrant issued by me under the pro-
visions of the Deportation of Aliens Ordinance, and whereas I am
satisfied that the said ought to be so detained for a
further period in order that further inquiry may be made: Now
therefore I do hereby order that the aforesaid warrant issued by
me shall be of full force and effect for a period of seven days
after the date on which it would save for this warrant expire.
Dated the......................day of 19

......Governor

FORM 5. [s. 4 (9).]
RECOGNIZANCE OF BAIL
Deportation of Aliens Ordinance.
(Chapter 240 of the Revised Edition of Ordinances).
11-ONG-KONG.
In the magistrates' court at Victoria in the Colony of Hong
Kong on the ..............day of ....19 ............... Of
................of and
...................personally came before me the undersigned
a magistrate of the Colony and severally acknowledged themselves





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 such that
if the said ..........shall appear and surrender
himself into the custody of the police officer in charge at the-Central
Police Station , in the Colony of Hong Kong on the ---
day of ........19 ..at .o'clock in the
noon then the said recognizance to be void or else to stand in full
force and virtue.

FORM 6. [s. 4 (10)]

ORDER FOR DISCHARGE.

Deportation of Aliens Ordinance.

(Chapter 240 of the Revised Edition of Ordinances).

HONG KONG.

To the Superintendent of the Houses of Detention.
Whereas ........is detained by you in a House of
Detention by virtue of a warrant issued under the provisions of the
Deportation of Aliens Ordinance, 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 7. [s. 3 (3).]
DEPORTATION ORDER.
Deportation of Aliens Ordinance.
(Chapter 240 of the Revised Edition of Ordinances).

Council Chamber, VictDria, in the Colony of Hong Kong, the
.......................day of 19
Whereas it appears to the Governor in Council that ...............
..........should be prohibited under the provisions of the
Aliens Ordinance, from being within the Colony for
the space of ........... years (or for life) from the date hereof:
The Governor in Council doth hereby by virtue of the said
Ordinance order that the above-named person be prohibited and the
said person is hereby prohibited from being in the Colony for the
space of time aforesaid 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.
This order is made under subsection of section 3 of
the Deportation of Aliens Ordinance.

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

FORM 8. [s. 11 (3).]
INDORSEMENT AS TO TIME FOR DEPARTURE.
Deportation of Aliens Ordinance.
(Chapter 240 of the Revised Edition of Ordinances).
It is hereby ordered-
(1) That the said ..............................................................
shall depart from the Colony by the S.S . ....................................
........................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 9. [s. 16 (3).]
INDORSEMENT AS TO EXPLANATION OF ORDER.
Deportation of Aliens Ordinance.
(Chapter 240 of the Revised Edition of Ordinances).
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 Inter preter.

FORm 10. [s. 8 (4).]
REGISTRAR'S CERTIFICATE OF PREVIOUS CONVICTIONS.
Deportation of Aliens Ordinance.
(Chapter 240 of the Revised Edition of Ordinances).
I hereby certify-
1. That was convicted at the Criminal
Sessions of the Suprenie Court of Hong Kong held on
of the Offence(s) hereunder set out and that
the sentence(s) of imprisonment specified were imposed therefor:
Offence Sentence Date of Conviction

2. That in the course of his trial for the abovementioned
offence(s), the previous convictions of which particulars are given
hereunder were proved against the said
admitted by
Offience SentenceDate of Conviction
3. That the said is the same person as
the referred to in Certificate of
Sentence No.
Registrar, Supreme Court.
Delete if inapplicable.
Note:-This should be the Certificate of Sentence of the offences
certified in paragraph 1.

FORM 11. [s. 8(4).]
MAGISTRATE'S CERTIFICATE OR PREVIOUS
CONVICTIONS.
Deportation of Aliens Ordinance.
(Chapter 240 of the Revised Edition of Ordinances).
I hereby certify-
1. That on the of
was convicted by me of the offence hereunder set out for which
I imposed the sentences of imprisonment specified.
Offence Sentence Date of Conviction





2. That in the course of his trial for the said offence(s) the
previous convictions of which particulars are given hereunder
proved against
were admitted, by the said
Offence Sentence Date of Conviction
3. That the said is the same person
as the referred to in Warrant of
Commitment No.+
Magistrate.
Delete if inapplicable.+ Note: -This should be the Warrant of Commitment of the offences
certified in paragraph 1.

FORM 12. [s. 8(7).]
NOTIFICATION THAT COMPETENT AUTHORITY
PROPOSES TO ORDER DEPORTATION.
Deportation of Aliens Ordinance.
(Chapter 240 of the Revised Edition of Ordinances).
TAKE NOTICE
1. That I am proposing to order your deportation as an alien
convict to whom subsection* (1) (2) (3) of section 8 of the Deporta-
tion of Aliens Ordinance applies on the ground that you are an
alien who stands sentenced as follows-
Offence Sentence Date of Conviction

2. That if you are in fact a British subject or British protected
person you should complete Part I overleaf and return it to the
Superintendent of your prison within 14 days.

3. That if you have good reasons for claiming to be allowed to
stay in Hong Kong you should complete Part II overleaf and return
it to the Superintendent of your prison within 14 days.

Competent Authority.
Strike out subsections inapplicable.

PART I.
CLAIM NOT TO BE AN ALIEN.
I claim to have been born in
The following persons can prove I speak the truth-
Names of WitnessesPlaces where Witnesses can
be found.

PART II.
PETITION TO BE PERMITTED TO STAY IN HONG KONG.
The Petitioner humbly prays that he be permitted to stay in
Hong Kong for the following reasons-





NOTES.
The following notes which are intended in appropriate cases to
assist prisoners to complete this form should be explained to the
prisoner by or on behalf of the competent authority in a language
intelligible to the prisoner-
Part I is only intended for persons who are British subjects or
have been granted citizenship of or have been born in a state or
territory under British protection. Residence in Hong Kong even for
a long period is insufficient to justify a claim under this Part.
Under Part II the Petitioner should give his reasons for being
allowed to stay in Hong Kong and the names of any people who can
vouch for his future good behaviour. It is only in very special
circumstances that permission to stay will be granted. Generally
speaking permission will not be granted unless the Governor is
satisfied that the Petitioner has been in Hong Kong for a period of at
least five years and will obtain continuous honest employment, or that
the Petitioner has been in Hong Kong for a very long time and there
is a reasonable expectation that the Petitioner will be of good
behaviour.
The prisoner should also be warned that the investigation- of a
claim or petition may take time and that if he becomes due for release
prior to such investigation having been completed he will probably
have to remain in prison after expiration of his sentence.

FORM 13. [s. 8(11).]
ORDERS FOR DEPORTATION OF ALIEN CONVICT.
Deportation of Aliens Ordinance.
(Chapter 240 of the Revised Edition of Ordinances).
Whereas I am satisfied that is
an alien and stands sentenced to a sentence of months
imprisonment for *(an offence specified in the Second Schedule
of the Deportation of Aliens Ordinance) (the offence of
of which he was convicted on the
ofand in addition to sentences aggregating
tomonths imprisonment for olTences of which he
has been convicted by a competent court or magistrate in the
Colony.)
Now therefore in pursuance of the power vested in me by sub-
section + (2) (3) of section 8 of the Deportation of Aliens Ordin-
ance, I hereby order-
that the said be prohibited from being
within the Colony for life
for the space of ten years
and that he shall depart from this Colony as soon as the Com-
missioner of Police has made the necessary arrangements to that
end.

Competent Authority.
Date:
Accused was released from prison on the day
of 19

Commissioner of Prisons.
Delete if inapplicable.
Delete the subsections inapplicable.
Delete if inapplicable.





SECOND SCHEDULE [s. 8.]

1. Piracy Jure Gentium.
2. The Protection of Women and Girls Ordinance, 1938-
sections 3, 4, 5, 6, 8, 10, 12, 17, 18, 19, 20, 21, 22, 23,
25 and 26.
3. The Dangerous Drugs Ordinance-
sections 6, 7, 8, 9, 10 and 22(1) (c), (d) and (e).
4. The Societies Ordinance-
sections 10, 11 and 12.
5. The Criminal Intimidation Ordinance-
section 3.
6. Any offence under the Forgery Ordinance.
7. The Larceny Ordinance-
sections 25, 26, 40, 41, 42, 43, 44, 45, 46(1)(a), 48, 49 and 52.
8. Malicious Damardinance-
sections 2, 3, 4, 5 , 6, 7, 8, 9, 10, 11, 12, 13, 15, 19, 21, 22,
23, 24, 25, 28, 31, 32 and 40.
9. Offences against the Person Ordinance-
sections 5, 10, 11, 12, 13, 14, 15, 17, 19, 20, 21, 22, 23, 28,
29, 30, 31, 32, 42, 43 and 44.
10. Any offence under the Prevention of Corruption Ordinance.
11. The Suppression of Piracy Ordinance-
sections 2, 3, 4 and 5.
12. The Vagrancy Ordinance - section 22(4).
13. The Arms and Ammunition Ordinance
section 4.
39 of 1935. 58 of 1948. 44 of 1949. 9 of 1950. 25 of 1950. 37 of 1950. Short title. Interpretation. 44 of 1949, s. 2. (11 & 12 Geo. 6, c. 56.) Deportation order against any alien. Summary procedure. Order against an alien. Long procedure. [s. 3 cont.] First Schedule Form 7. Arrest, detention and inquiry. First Schedule. Form 1. First Schedule Form 2. First Schedule Form 3. First Schedule Form 5. First Schedule Form 6. Detention warrants. First Schedule Form 1. [s. 5 cont.] First Schedule Form 4. Exclusion of necessity for steps not expressly specified. Previous deportation proceedings to be no bar to subsequent deportation proceedings. Competent authority may make deportation order against certain alien convicts. 44 of 1949, s. 3. Second Schedule. 25 of 1950, s. 2. 25 of 1950, s. 2. 25 of 1950, s. 2. [s. 8 cont.] First Schedule. Forms 10, 11. First Schedule Form 12 25 of 1950, s.2. [s. 8 cont.] First Schedule Form 13. [s. 8 cont.] 25 of 1950, s. 2. (Cap. 226.) Service of deportation order and arrest. 58 of 1948, s. 3. 44 of 1949, s. 4. Deported person to be deemed to retain his nationality. Power to order that a deportee shall depart by a particular train or ship. [s. 11 cont.] First Schedule Form 8. Certain matters to be stated in order. Penalty for return from deportation or banishment. 44 of 1949, s. 5. 37 of 1950, Schedule. 44 of 1949, s. 5. 37 of 1950, Schedule. [s. 13 cont.] 44 of 1949, s. 5. 44 of 1949, s. 5. 44 of 1949, s.5. 37 of 1950, Schedule. 44 of 1949, s. 5. (Cap. 232.) 44 of 1949, s. 5. Penalty for harbouring. Houses of detention. 9 of 1950, Schedule. Evidence. First Schedule Form 9. [s. 16 cont.] 44 of 1949, s. 6. First Schedule Form 2. Decision of Governor in Council to be final. Report to Secretary of State. 44 of 1949, s. 8. [First Sch., cont.] [First Sch., cont.] [First Sch., cont.] 25 of 1950, s.3. (5 of 1938.) (Cap 134.) (Cap. 151.) (Cap. 205.) (Cap 209.) (Cap. 210.) (Cap. 211.) (Cap. 212.) (Cap. 215.) (Cap. 218.) (Cap. 229.) (Cap. 238.)

39 of 1935. 58 of 1948. 44 of 1949. 9 of 1950. 25 of 1950. 37 of 1950. Short title. Interpretation. 44 of 1949, s. 2. (11 & 12 Geo. 6, c. 56.) Deportation order against any alien. Summary procedure. Order against an alien. Long procedure. [s. 3 cont.] First Schedule Form 7. Arrest, detention and inquiry. First Schedule. Form 1. First Schedule Form 2. First Schedule Form 3. First Schedule Form 5. First Schedule Form 6. Detention warrants. First Schedule Form 1. [s. 5 cont.] First Schedule Form 4. Exclusion of necessity for steps not expressly specified. Previous deportation proceedings to be no bar to subsequent deportation proceedings. Competent authority may make deportation order against certain alien convicts. 44 of 1949, s. 3. Second Schedule. 25 of 1950, s. 2. 25 of 1950, s. 2. 25 of 1950, s. 2. [s. 8 cont.] First Schedule. Forms 10, 11. First Schedule Form 12 25 of 1950, s.2. [s. 8 cont.] First Schedule Form 13. [s. 8 cont.] 25 of 1950, s. 2. (Cap. 226.) Service of deportation order and arrest. 58 of 1948, s. 3. 44 of 1949, s. 4. Deported person to be deemed to retain his nationality. Power to order that a deportee shall depart by a particular train or ship. [s. 11 cont.] First Schedule Form 8. Certain matters to be stated in order. Penalty for return from deportation or banishment. 44 of 1949, s. 5. 37 of 1950, Schedule. 44 of 1949, s. 5. 37 of 1950, Schedule. [s. 13 cont.] 44 of 1949, s. 5. 44 of 1949, s. 5. 44 of 1949, s.5. 37 of 1950, Schedule. 44 of 1949, s. 5. (Cap. 232.) 44 of 1949, s. 5. Penalty for harbouring. Houses of detention. 9 of 1950, Schedule. Evidence. First Schedule Form 9. [s. 16 cont.] 44 of 1949, s. 6. First Schedule Form 2. Decision of Governor in Council to be final. Report to Secretary of State. 44 of 1949, s. 8. [First Sch., cont.] [First Sch., cont.] [First Sch., cont.] 25 of 1950, s.3. (5 of 1938.) (Cap 134.) (Cap. 151.) (Cap. 205.) (Cap 209.) (Cap. 210.) (Cap. 211.) (Cap. 212.) (Cap. 215.) (Cap. 218.) (Cap. 229.) (Cap. 238.)

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