EXPULSION OF UNDESIRABLES ORDINANCE

EXPULSION OF UNDESIRABLES ORDINANCE

CHAPTER 242.

EXPULSION OF UNDESIRABLES.

Tocon ol e population of the Colony by providing for
the expu ion of undesirables therefrom as occasion may
require
[2nd September, 1949.]

1. This 0rdinance may be cited as the Expulsion of
Undesirables Ordinance.

2. In this Ordinance-
'accommodation camp ' means a camp established by the
Governor in Counil under section 6;
'act' includes omission, and a state or condition
'alien' means a person other than-
(a) a British subject or
(b) a citizen of the Republic of Ireland, or
(c) a British protected person ;
'authorized place' means he offices of any competent
authority, any place of tention and any place which
the Governor may by notification in the Gazette declare
to be an authorized place for the purposes of this
Ordinance;
'British subject' and 'British protected person' have the
meanings assigned to them by the British Nationality
Act, 1948;
'competent authority' means any justice of the peace and
any other person whom the Governor may by notifica-
tion in the Gazette declare to be a competent authority
for the purposes of this Ordinance;
'individual' includes more than one person but does not
include any public or charitable institution ;
'place of detention' means any prison, any house of deten-
tion under the Deportation of Aliens Ordinance, any
place of detention under the Immigrants Control
Ordinance, and any accommodation camp for the accom-
modation of undesirables;

'suspected undesirable' means an individual whom a police
officer suspects would after a prescribed inquiry be found
to be an undesirable;
'unlawful structure' means any erection which constitutes
a nuisance whether by virtue of any enactment or at





common law or the erection state or condition whereof is
prohibited by or constitutes a contravention of any
enactment.

3. The competent authority may, after such inquiry as
is hereinafter prescribed and after recording a finding that a
person is undesirable, make an order expelling such person
from the Colony unless such person has satisfied the com-
petent authority either that lie is not an alien or that he
has been ordinarily resident in the Colony for a period of
ten years or more .

4. A person may be found to be an undesirable if he-
(a)does not have the means of subsistence and is dis-
eased, maimed, blind, idiot, lunatic or decrepit and
may be hindered by his state from earning a
livelihood; or
(b)is unable to show that he has in his possession the
means of decently supporting himself and his
dependants, if any, until he obtains a livelihood; or
(c)is a person likely to become a vagrant, beggar or a
charge upon any public or private charitable institu-
tion; or
(d)is a person suffering from a contagious disease which
is loathsome or dangerous; or
(e)has been removed from any country or state by the
government authorities of any such country or state
for any reason whatever; or
(f) is suspected of being likely to promote sedition or
to cause a disturbance of the public tranquillity; or

(g) has been convicted by a compete outside the
Colony of an offence whichcommitted in the
Colony would constitute any of the offences speci
fied in the First Schedule to theinese Extradition
Ordinance; or
(h)is a prostitute, a person living on the earnings of
prostitution or a person of known immoral character;

(i) is not in possession of such certificates as may be
necessary under the quarantine reglations in
force; or
(j) is prohibited from entering the Colony under any
other enactment for the time being in force; or





(k) is found squatting or dwelling in any unlawful
structure or in any tunnel or cavity or in any place
which has been declared by a health inspector to be
or to be likely to become dangerous to health and
cannot satisfy the competent authority that he has
reasonable prospect of obtaining dwelling acconi-
modation in a building which is not an unlawful
structure ; or
(l)being a member of a class which has been required
to register under the Registration of Persons
Ordinance, has failed to register and has no reason-
able explanation to offer for such failure to register
or
(m) is by virtue of any other enactment declared or
deemed to be an undesirable person within the
meaning of this Ordinance; or
(n) is a dependant of an undersirable:
Provided that no person under the apparent age of sixteen
years shall be found to be an undersirable if he is dependent
on an individual other than an undesirable and such
individual is providing him with the means of subsistence
either in pursuance of a legal liability or in pursuance of any
moral obligation which the competent authority may deem
sufficient.

5. (1) The prescribed inquiry shall be an inquiry into
the matters by reason whereof it is alleged that a person is
undesirable and shall be held by the competent authority in
an authorized place in the presence of the alleged undesirable.

(2) Such inquiry shall, save so far as the contrary
appears, be held in accordance with the procedure prescribed
for the trial of summary offences under the Magistrates
Ordinance.

(3) No information or summons shall be required and
the inquiry shall commence with the competent authority

informing the alleged undesirable of the reasons for such
allegation and of the consequences of a finding by the com-
petent authority that he is an underirable.
(4) The competent authority shall then ask the alleged
undesirable whether he admits the allegations or whether he
wishes the competent authority to inquire further therein.





(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 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 or, 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.

(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 auttority, 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 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 prpceedings 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.





(9) For the purposes of the prescribed inquiry a com-
petent authority shall have all the powers conferred upon a
magistrate by the Magistrates Ordinance, including power
to compel the attendance of witnesses-and to punish a witness
who fails to appear.

6. (1) The Governor in Council may in his absolute
discretion establish camps for the purpose of accommodating
undesirables prior to their expulsion from the Colony and of
accommodating suspected undesirables.

(2) The establishment of such a camp shall during any
period during Which this Ordinance is in operation be
deemed to be a public urpose within the meaning of section
2 of the Crown Lands Resumption Ordinance, in like manner
as if a provision to the effect had been therein inserted.

7. (1) Any police officer of and above the rank of sub-
inspector may require an undersirable or a suspected undesir-
able to accompany him to any accommodation camp or to
any place of detention and in the event of his refusal may
use such force as is reasonably necessary to compel com-
pliance with such requirement.

(2) An individual who accompanies a police officer
whether voluntarily or not in pursuance of a requirement
under the preceding subsection shall be deemed for all pur-
poses to have been taken into lawful custody on a charge of
felony and to remain in such custody, save during any period
during which he may have evaded it and not have been recap-
tured, until he is released therefrom by order of a competent
authority or until he has been expelled from the Colony.

8. An order of expulsion shall have the effect of
authorizing any police officer to arrest and detain the indivi-
dual therein named and do all such other acts as may be
necessary to expel such person from the Colony and it shall
be an offence punishable on summary conviction with im-
prisonment for three months for such individual to return
to the Colony within five years from the date of the order
of expulsion.

9. If after the prescribed inquiry a competent authority
does not record a finding that an individual to whom the





inquiry relates is an undesirable the competent authority shall
forthwith order that such individual shall be released from
any custody or detention in which he may be under the
provisions of this Ordinance. Such release shall not be a
bar to any subsequent inquiry under this Ordinance or to
the making of an order of expulsion in consequence thereof.

10. (1)Notwishstanding the provisions of section 7 it
shall be unlawful to detain any individual who is deemed to
have been taken into lawful custody thereunder for longer
than an initial period of ninety-six hours and such further
period or periods as a competent authority may by
writing under his hand order under subsection (2) and, in
the event of an order for the expulsion of such individual
being made, for such additional period as in the absolute
discretion of the Commissioner of Police is reasonably
required to carry out the order of expulsion.

(2) A competent a4thority is hereby authorized from
time to time to order the further detention of a suspected
undesirable for such period or periods not exceeding seven
days at one time as shall in the opinion of the competent
authority be necessary for holding in respect of such
suspected undesirable the prescribed inquiry.

11. An order of expulsion shall be final and conclusive
for all purposes whatsoever : Provided that it shall be
lawful for the Governor in any particular case to revoke an
order of expulsion or to declare generally that all orders of
expulsion made hereunder with such exceptions (which may
be expressed by reference to a class or classes of individuals
or to grounds of undesirability) as he shall specify, shall be
revoked.

12. It shall be lawful for any justice of the peace or
police officer duly authorized by warrant of any justice of
the peace with such assistants as may be necessary, to enter

and, if necessary to break into any place in which it appears,
from information given to such justice or of his own know-
ledge, there are undesirables or suspected undesirables.

13. The Governor in Council may by regulations
prescribe or provide for-





(a) the managemnet, control, hygiene and sanitation of any
accommodation camp;
(b) the conduct to be observed by undersirables and suspected
undesirables whilst they ate detained in any accommodation
camp.
(c) the manner in which and the conditions under which any order
of expulsion is to be carried into effect;
(d) the forms to be used for any of the purposes of this Ordinances;
and
(e) generally carrying this Ordinance into effect.

14 (1) It shall be lawful for Legislative Council by resolution-

(a) from time to time to declare the suspension of the operation
this Ordinance form the date named in the resolution; and
(b) from time to time to declare that any suspension declared
under paragraph (a) hereof shall terminate as from the date
mentioned in the resolution.
(2) The suspension of this Ordinance under paragraph (a) of
subsection (1) shall unit the termination of such suspension
but without prejudice to section II have the same effect as
the repeal of an enactment.

(3) The termination of the suspension under paragraph (b) of
subsection (1) shall have the same effect as if the Ordinance
had been re-enacted and come into operation on the date as
from which the suspension is declared to terminate save and
except that any regulations which were in force at the date
when the suspension, which has thus been terminated, came
into effect, shall revive and continue to have full force
and effect. 29 of 1949. 9 of 1950. 37 of 1950. Short title. Interpretation. 37 of 1950, Schedule. 37 of 1950, Schedule. (11 & 12 Geo. 6, c. 56). (Cap. 240). (Cap. 243). Competent authority may expel undesirables after a prescribed inquiry. 37 of 1950, Schedule. Grounds upon which a person may be found to be an undesirable. (Cap. 235). [s. 4 cont.] 37 of 1950, Schedule. (Cap. 177). Nature of prescribed inquiry. 9 of 1950, Schedule. (Cap. 227). 37 of 1950, Schedule. 37 of 1950, Schedule. [s. 5 cont.] 9 of 1950, Schedule. (Cap. 227). Governor may establish camps for undesirables and suspected undesirables. (Cap. 124). Power of police officer to detain and remove undesirables and suspected undesirables. Effect of order of expulsion. Order of release. Detention and remand pending prescribed inquiry. Order of expulsion final and conclusive subject to revocation by Governor. Power to authorize entry. Power to make regulations. [s. 13 cont.] Power to suspend operation of the Ordinance.

29 of 1949. 9 of 1950. 37 of 1950. Short title. Interpretation. 37 of 1950, Schedule. 37 of 1950, Schedule. (11 & 12 Geo. 6, c. 56). (Cap. 240). (Cap. 243). Competent authority may expel undesirables after a prescribed inquiry. 37 of 1950, Schedule. Grounds upon which a person may be found to be an undesirable. (Cap. 235). [s. 4 cont.] 37 of 1950, Schedule. (Cap. 177). Nature of prescribed inquiry. 9 of 1950, Schedule. (Cap. 227). 37 of 1950, Schedule. 37 of 1950, Schedule. [s. 5 cont.] 9 of 1950, Schedule. (Cap. 227). Governor may establish camps for undesirables and suspected undesirables. (Cap. 124). Power of police officer to detain and remove undesirables and suspected undesirables. Effect of order of expulsion. Order of release. Detention and remand pending prescribed inquiry. Order of expulsion final and conclusive subject to revocation by Governor. Power to authorize entry. Power to make regulations. [s. 13 cont.] Power to suspend operation of the Ordinance.

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