The expression “public order” was also discussed quite extensively in the Stateless
Persons Conference. As mentioned above, the Danish representative implied that
overstaying the period of admission and some similar reasons could be considered
administratively as equivalent to a breach of “public order”, but the British representative
doubted that in the normal course of events, a stateless person could be expelled for
failure to comply with regulations. On the other hand, the German representative proposed
to replace the words “public order” with “serious grounds of public order” if a more
restrictive interpretation was desired. The conference finally abandoned all efforts to
change anything in this respect so that the words are to be interpreted in the same sense
as the Article was originally drafted (by the Refugee Conference).
As regards the question of who is entitled to interpret the term, there was almost
unanimous agreement that it should be left to each Contracting State. However, this
cannot do away with the general obligation of the Parties to fulfil their obligations under the
conference in a fair spirit or with the rights of other states resulting from the application of
Article 34.
6.
Paragraph 2 provides for procedural guarantees in case of permitted expulsion. One of
them is the requirement of a “decision reached in accordance with due process of law”. This does
not necessarily mean a court decision because the law may provide for an administrative
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procedure. “Due process of law” means in substance only that in no case may a decision be
reached except as provided for in the law in force in the given country. This is clearly expressed
in the French text of the Refugee Convention which deals with a décision rendue conformément à
la procédure prévue par la loi (“a decision reached in conformity with the procedure prescribed by
law”). The next procedural guarantee is that the stateless person, who is accused of being a
menace to national security or public order, must be given the necessary facilities to submit
evidence that the accusation is unfounded, that there is an error in identity or any other evidence
required to clear him of the accusation. He must furthermore be granted the right to appeal to and
be represented by counsel before the authority which, under domestic law, is either called upon
to hear such appeals or is the body superior to the one which has made the decision; if the
decision is made by authorities from whose decision no appeal is permitted, a new hearing
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instead of appeal must be provided. The authority in question may assign officials to hear the
presentation. However, these guarantees may be obviated by “compelling reasons of national
security”, for instance, when a decision must be reached in the interests of national security in
such a short time as does not permit the authority to allow the stateless person the necessary
time to collect evidence or to transport him to the required place; or where a hearing may be
prejudicial to national security (for instance, in case of espionage). Since para. 2 speaks of
“compelling” reasons, they must really be of a very serious nature and the exception to sentence
one cannot be applied save very sparingly and in very unusual cases.
7.
Paragraph 3 deals with the status of the stateless person after a final decision of
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expulsion has been taken. It does not permit the state to proceed to actual expulsion at once
but enjoins it to grant him sufficient time to find a place to go. Although para. 3 does not say so
explicitly, it must be assumed that the stateless person must be granted the necessary facilities to
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find admission to another country. They must be of such a nature as to make it possible for the
stateless person to secure admission elsewhere because the Convention considers expulsion a
measure to be taken only if the stateless person in unable to leave the country on his own motion.
8.
The German representative stated correctly that an expulsion order against a stateless
person could rarely be executed. However, the Convention does not provide, except implicitly, for
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See, for instance, SR.15, pp. 8-9 of the Refugee Conference and E/AC.32/SR.40, p. 15.
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SR.15, pp. 13 ff of the Refugee Convention.
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It was agreed in the Refugee Conference that a refugee would not be expelled while his case was sub judice (SR.15,
p. 16).
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Art. 31 (2) of the Refugee Convention provided explicitly for such facilities.