DEPORTATION ORDINANCE, 1912

DEPORTATION ORDINANCE, 1912

No. 9 of 1912.

To provide for the deportation of undesirable aliens and certain
other persons. [16th April, 19112.]

1. The Deportation Ordinance, 1912

2. For the purposes of this Ordinance the Governor may by
notification in the Gazette appoint any building or portion of a
building to be a I-louse of Detention and any person to be Superin-
tendent of such House.


as amended by no. 43 of 1912 supp sched






3.(1) whenever it shall appear to the Governor that there are
reasonable grounds for enquiry as to whether any person should be
deported under this Ordinance he may issne a warrant in the form
no.1 in the schedule authorising the arrest and detentian of any
such person for a perlod of six days.

(2) When in pursnance of any such warrant any person named
therein shall have been received into custody in the House of
Detention the Superintendent thereof shall cause the Registrar
General to be informed of the fact.

(3) Thereafter the Registrar General or any Assistant Registrar
general shall attend at the flouse of Detention and shall ask the
person in custody the questions set out in form no. 2 in the
schedule, or if such person does uot appear to understand the
English language such questions shall be duly interpreted.

(4) the person so attending shall cause the answers (if any) of
the person in enstody to be taken down in writing and if the said
answers are in English shall certify them under his hand, or if they
are not in English shall cause both the original and the translation

to be certified under the hand of the interpreter, or if no answers
are given shall certify that fact under his hand.

(5) Thereafter the Registrar General shall transmit to the
Colonlial Secretary a report, in formno. 3 in the shcedule, for the
consideration of the governor-in-council.

(6) the governor may from time to time by warrant in the
form no. 4 In the schedule autborise the detention of a, person
in costody under any warrant isstied mider this section, for a
further period of four days froin the date of the expiration of the
previons warraut, provided that the Governor is satisfied that the
said person ought to he so detained in order that further enquiry
may be made.

(7) A Magistrate may at any time admit any person, in custody
under any warrant issued under this section, to bail in the form
No. 5 in the schedule on his procurincs or producing such surety
or sureties as in the opinion of the Magistrate, will be sufficient
to ensure the appearance and surrender of such person at the House
of Detention on any specified date and time.

(8) 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.

4. The Governor-in-Council may issue a Deportation Order
form No. 7 in the schedule against any person who is not in the
opinion of the Governor-in-Council a natural born or naturalized
subject of His Majesty.

5.-(1) Whenever during the continuance of any proclamation
under the Peace Preservation Ordinance, 1886, it shall appear to
the Governor-in-Council that the removal from the Colony, of any
naturalized British subject (whether such person has been na-
turalized or received a certificate of naturalization under any Act
or Ordinance) is necessary for the public safety, it shall be lawful
for the governor-in-council to issue a Deportation Order in form
No. 7 in the schedule.

(2) Every Deportation Order issued utider the provisions of the
last sub-section shall be forthwith reported by the Governor to the
Secretary of State.

(3) The Governor-in-council may issue a Deportation Order the
form -No. 7 in the schedule against any British subject not belong-
ing to Hongkong who has been imprisoned in the Gaol in pursuance
of any sentence imposed by his Majesty's Supreme Court in China.
and Corea.

6. Every deportation Order shall state the grounds on which it
is made and the periodwhich it is to apply and shall fix the
time within which the person, against whom it is made, shall de
part from the Colony.

7. As soon as practicable after the issue of a Deportation Order
the Superintendent of the House of Detention shall cause a copy-
thereof to be served on the person against whom it is made, and
shall deliver the original thereof to the Captain Superintendent of
Police, and shall deliver such person into the custody of a police
officer and such person shall thereupon remain in such custody and
shall be deemed to be under lawful arrest until he leaves the
Colony.

8.-(1) Every person who hag been prohibited from residing or
being within this Colony either by virtue of a Deportation Order





or by virtue of the provisions of section 11 of this Ordinance, and
who, without lawful authority or excuse, is in this Colony after
the date of such order or after the time fixed for his departure, and
before expiration of the term of his banishment or at any tirne
contrary to the provisions of section 11 of this Ordinance, shall be
guilty of a. misdemeanor, and being convicted thereof shall be liable
to imprisonment for any term not exceeding five, years : Provided
that where such person is convicted on indictment he shall be liable
to imprisonment for any term not exceeding three years 'In Cases
where the period of banishment did not exceed fifteen years but
exceeded five years, and to imprisonment for any term not exceed-
ing two years in cases where the period of banishment did not
exceed five years : and provided also that in any case in which the
person, when brought before a magistrate on any such charge,
pleads guilty thereto, the -Magistrate may deal summarily with the
case and sentence such person to imprisonment for any term not
exceeding one year.

(2) Every person who has been prohibited by an order -of banish-
ment issued under the provisions of any enactment repealed by this
Ordinance from residing or being within this Colony and whe
without lawful authority or excuse Is In this Colony after the date
of such order or after the time fixed for his departure and before
Lhe expiration of the term of his banishment, shall be guilty of a
misdemeanor, and being convicted thereof shall be liable to im-
prisonment for any term not exceeding one year : Provided that
in any case in which the prisoner when brought before a -Magistrate
on any such charge, pleads guilty thereto, it shall be lawful for the
Magistrate to deal summarily with the case, instead of committing
the prisoner for trial at the Supreme Court.

9. The Governor-in-Council may issue a new order of deporta-
tion in form No. 7 in the schedule against any person who has
been convicted of an oiffence against section 8 of this Ordinance.

10. Every person who without lawful authority or excuse know-
ingly harbours or conceals any person, who has been prohibited
from residing or being within the Colony either by virtue of all
order of deportation or by virtue of the provisions of section 11. of
this Ordinance, or by virtue of an order of banishment issued under
any, enactment repeated by this Ordinance, shall be liable on sum-
mary conviction to a fine not exceeding 30 dollars.





11.-(1) Every person lawfully banished from the Straits Settle-
ments or from any Native State in the Malay Peninsula which is
for the titne being under the protection of the British government
is hereby prohibited from residing or being in the Colony during
the term of such banishment unless he shall have obtained the
written permission of the Governor to reside in the Colony. Any
such permission may be revoked in writing by the Grovernor served
on such person and upon such revocation the provisions of this sub-
section shall apply as though such permission bad not been
obtained.

(2) No person shall be deeined to have conimitted a breach of
the provisions ol this secting if during the terin of such banishment
he has resided or been within the Colony on one occasion only 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.

12.-(1) For the purpose of any prosecution under the provisions
of this Ordinatice an order of deportatiou or banishment purporting
to be signed by the Clerk ot Councils of this Colouy or by the
Colonlal Secretary or Actiug Colonial Secretary of the Straits settle-
inents shall be deerned to be, sufficient proof, until the contrary is
shewn, of the fact and date of such deportation or banishment.

(2) The answers given to the questions set out in form No. 2 in
the schedule shall not be admissible in evidence in any, but deporta-
tion or banishment proceedings.

13. The Banishment and Conditional Pardons Ordinance, 1882,
section 13 of the Peace Preservation Ordinance, 1886, section 18
of the Gambling Ordinance, 1891, the following words in sub-sec-
tion (1) of section 12 of the Protection if Women and Girls
Ordinance, 1897, namely, the words and if any person, not
being a natural born or naturalized British subject, who has been
previously convicted of an offence under this section, is again found
guilty of such an offence, the Governor-in-Council may issue an
order banishing such person from the Colony under any banish-


as amended by no. 43 of 1912 supp sched

as amended by no. 43 of 1912






ment laws which may from time to time be in force jin the
Colony,- and sub-section (4) of section 17 of the last named Ordi-
nance are hereby repealed.

SCHEDULE.

form No. 1.
warrant for arrest.

Hongkong.
In Government house in the Colony of Hongkong.
To cach and all of the Police Officers of the said colony and to the supreintendent
of the House of Dentention in the said Colony.

Information having been laid before ine that
is a person who ought to be deported under the provisions of the Deportation or
dinance, 1912, and I having been satisfied that a warrant for the ariest and detention
of the said should be issued : These are therefore to command
you the said police Officer, in His MajeAY's naine, forthwith to apprehend the said
and to convey bite said to the Holle of
Detention and there to deliver to the Superintendent thereof with this
warrant; and veil the said Superintendent to receive Ghe ,.,.lid into
your custody in the said Hotie of Detention and there safely keep for a period of
six days from the date of the reception of the said into
your custody or until shall have been sootier discharged under the
of the said Ordinance.
Dated this day of 191

(Signed)
Governor.

Form No. 2.
Questions and Answers.
1-Q. What is your naine and how old are you?
A.
2-Q. Where were you born?
A.
3-Q. how long have you resided in the Colony?
A.
4-Q have you any and what relations living in the Colony, if so, what are their
names and where do they reside?
A.
5.Q It is alleged against you that
have you anything and what to say in reply to that charge?
A.
6-Q.Have you any and what witnesses or any other evidence to adduce in sup-
port of what you say and where can your witness (if any) be found?
A.
I hereby certify that made in the
language the answers herein recorded in the English language.

(Signed)
This day of 191





Form No. 3.

Report
To the Hon. Colonial Secretary,
Hongkong.
In accordance with the provisions of the Deportation Ordinance, 1912, I have the
honour to transilait herewith the certified answers in the english language of

who has been duly examined in the house of Detention,
together with the originals of the written reports on which the allegations in Ques-
tion No. 5 were based. MY own opinion is that

(Signed)
Registrar General.

This day- of 191.

Form No. 4.
warrant for further detention/
Hongkong.

Government House in the Colony of honghong.
To the Superintendent of the House of Detention in the said Colony.
Whereas is detained by you the house of Detention by virtue
of a warrant issued by me under the provision, of the Deportation Ordinance, 1912,
and wherem I am satisfied that the said ought to be so detained
for a further period in order that further einquiry may be made : These are therefore
to command you to detain the said in your custody in the said
House of Detention and there safely keep for a further period of four days from
the date of the expiration of the warrant issued by me or until shall have
been sooner discharged under the provisions of the said Ordinance.

Dated this day of 19

(Signed)
Governor.

of Bail.
Hongkong.
In the Police Court It
on the day of
of
and of
personally came before me the undersigned a
Magistrate of the Colony and severally acknowledged themselves to owe to Our
Sovereign Lord the Ring the several sums following: that. is to say 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 191

(Signed)
Magistrate.
Explained by
Sworn Inferpreter.
Condition.
The condition of the within -written recognizance is such that
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

191 at o'clock in the noon, then the said
recognizance to be void, or else to stand in full force and virtue.

Form No. 6.

Order for Discharge.

Hongkong.
At the Colonial Secretary's Office in the Colony of Hongkong.

to the Superintendent of the Hoase of Delention in the said Colony.
Whereas is detained by you in the House of Detention by virtue of
a warrant issued under the provisions of the Deportation Ordinance, 1912, 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 this day of 191
(Signed)
Colonial Secretary.

Form No. 7.
Order by the governor-in-council under the prorisions of the Deportation
Ordinance, 1912.
Council Chamber, Victoria, in the Colony of Hongkong, the day of
191 .

Whereas it is deemed desirable bv the Governor-in-Couneil that
should be prohibited under the provisions of the Deportation Ordinance, 1912, from
residing or being within the Colony for the space of Years 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 prohibited and the said person is hereby prohibited from
residing or being in the Colony for the space of time aforesaid from the said date,
and 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 order is made:-
That the said person

Clerk- of Councils
Short title. House of Detention. Arrest and Detention Warrant. Deportation Order against Non-British. Deportation Order against British Subjects. Grounds and period to be stated in Deportation Orders. Procedure consequent on issue of Deportation Order. Penalty for disobedience of Deportation Order. New Deportation Order. Penalty for harboring. Straits Deportees prohibited from residing or being within the Colony. Evidence. Repeal of Ordinance No.1 of 1882., section 13 of Ordinance No.10 of 1886, section 18 of Ordinance No. 2 of 1891, and part of section 12 (1) and section 17 (4) of Ordinance No.4 of 1897.

Short title. House of Detention. Arrest and Detention Warrant. Deportation Order against Non-British. Deportation Order against British Subjects. Grounds and period to be stated in Deportation Orders. Procedure consequent on issue of Deportation Order. Penalty for disobedience of Deportation Order. New Deportation Order. Penalty for harboring. Straits Deportees prohibited from residing or being within the Colony. Evidence. Repeal of Ordinance No.1 of 1882., section 13 of Ordinance No.10 of 1886, section 18 of Ordinance No. 2 of 1891, and part of section 12 (1) and section 17 (4) of Ordinance No.4 of 1897.

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