“bringing in”), which cannot but mean that the refugee may have sent the assets to the
country before he personally came there or thereafter. The same must be true as regards
“stateless persons”.
3.
The second paragraph uses the same expression “sympathetic consideration” as Article
11. For the meaning of these words, see the Comments to Article 11.
4.
It is obvious from Article 7 (1) that in the case of transfers not covered by Article 30 (1), a
stateless person enjoys the same rights as granted aliens generally in the same circumstances;
Article 7 (2) and ff. are also applicable. Paragraph 2 recommends more favourable treatment
wherever possible.
Article 31
Expulsion
1.
The Contracting States shall not expel a stateless person lawfully in their territory
save on grounds of national security or public order.
2.
The expulsion of such a stateless person shall be only in pursuance of a decision
reached in accordance with due process of law. Except where
compelling reasons of national security otherwise require, the stateless person shall
be allowed to submit evidence to clear himself, and to appeal to and be represented
for the purpose before competent authority or a person or persons specially
designated by the competent authority.
3.
The Contracting States shall allow such a stateless person a reasonable period
within which to seek legal admission into another country. The Contracting States reserve
the right to apply during that period such internal measures as they may deem necessary.
1.
This article reproduces the wording of Article 32 of the Refugee Convention without any
changes. At first there was considerable opposition in the conference to the inclusion of such a
provision in the Convention. The representatives of several states indicated that their
Governments would have to make a reservation to this article if adopted. The difficulties which
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they envisaged related in the main to the question of the interpretation of “public order” and of
the word “lawfully” (in their country). Similarly there was opposition to the second sentence of the
second paragraph as conflicting with the regulation of certain countries. It was also pointed out
that the provisions enacted to implement the Refugee Convention could not be applied to
stateless persons because of lack of co-operation with the High Commissioner for Refugees,
Various proposals were submitted regarding replacement of the words “public order” and “lawfully
in the country” (for instance, with “habitually resident”), but finally the Belgian-Israel suggestion to
leave the article as it was drafted by the Refugee Conference prevailed.
The different parts of the article were then adopted with varying majorities and the whole
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article was agreed upon by a vote of 16 to 1, with 4 abstentions.
2.
For an understanding of the importance of this provision it is necessary to state that,
under international law, every state is, in principle, competent to expel at any moment any alien
who has been admitted into its territory. It does not matter whether the alien is there on a
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temporary basis or has settled down for professional or business purposes. In practice,
expulsion is mostly governed by the special law governing the status of aliens.
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For instance, the Swedish representative pointed out that under Swedish law an alien who failed to support himself
honestly or contumaciously did not fulfil his duties toward the state or private persons and could be expelled. If the
expression "public order" did not cover such instances, there would be a question whether Sweden could ratify the
Convention without a reservation (SR.10, p. 5). Cf. the Swedish amendment E/CONF.17/L.10.
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For the discussion, see SR.8, pp. 8-13; SR.10, pp. 4-7.
L. Oppenheim, International Law, seventh edition, London, New York, Toronto, vol. 1, p. 631. Cf. also the statement of
the representative of the UN Secretariat in the Ad Hoc Committee in SR.40, p. 14.