1 Expulsion may be carried out only in accordance with the provisions of the German legislation on police control of aliens (Ausländerpolizeirecht).

2 The extent to which provisions of the German Police Ordinance on Aliens (Ausländerpolizeiverordnung) of 22 August 1938, at present in force, have become obsolete, is indicated by the following explanations:

(a) The following terms shall, where they occur in the text of the Ordinance, be replaced as follows:

(i) “Reich territory” by “Federal territory”;

(ii) “Reich” by “Federation”;

(iii) “Reich frontier” by “Federal frontier”;

(iv) “District Police Administration” (Kreispolizeiverwaltung) by the appropriate “City or District Administrations” (Stadt-, Kreisverwaltungen) established by Land laws insofar as they have taken over the functions of the District Police Administration;

(v) “Reichsmark” by “Deutsche Mark”;

(vi) “Reich Minister of the Interior” by “Federal Minister of the Interior”.

(b) Re Section 5, paragraph 1, sub-paragraph (a):

The term “people's community” (Volksgemeinschaft) is deemed to have been deleted by virtue of Article II of Control Council Law No. 1, which reads as follows: “No German enactment, however or whenever enacted, shall be applied judicially or administratively in any instance where such application would cause injustice or inequality, either

a) by favouring any person because of his connection with the National Socialist German Labour Party, its formations, affiliated associations, or supervised organizations, or

b) by discriminating against any person by reason of his race, nationality, religious beliefs, or opposition to the National Socialist German Labour Party or its doctrines.”

(c) Re Section 5, paragraph 1, sub-paragraph (c):

The legal basis for carrying out castration (Section 42a, item 5, and Section 42k of the Criminal Code) has been eliminated by Article I of Control Council Law No. 11. Moreover, castration is not permissible under the first sentence of paragraph 2 of Article 2 of the Basic Law, which reads as follows:

“Everyone has the right to life and to inviolability of his person.”

(d) Re Section 5, paragraph 1, sub-paragraph (g) :

The term “race” is deemed to have been deleted by virtue of Article II of Control Council Law No. 1 (see subparagraph (b) and of paragraph 3 of Article 3 of the Basic Law, which reads as follows:

“No one may be prejudiced or favoured because of his sex, his parentage, his race, his language, his homeland and origin, his faith or his religious and political opinions.”

(e) Re Section 5, paragraph 1, sub-paragraph (h):

The term “gipsy” is deemed to have been deleted by virtue of Article II of Control Council Law No. 1 (see sub paragraph (b) and by paragraph 3 of Article 3 of the Basic Law (see sub-paragraph (d)).

(f) Re Section 7, paragraph 1, sub-paragraph (c):

Under the second sentence of paragraph 2 of Article 16 of the Basic Law, persons persecuted for political reasons shall enjoy the right of asylum. Such right is not affected by paragraph 1 of Section 7 of the Police Ordinance on Aliens. The same applies to foreign refugees within the meaning of the Agreement on the Legal Status of Refugees of 28 July 1951 (Bundesgesetzblatt 1953 Teil II, page 559).

(g) Re Section 7, paragraph 4 and paragraph 5, sentence 2:

Both German nationals and aliens may be detained only if the following provisions of paragraphs 2 and 4 of Article 104 of the Basic Law are observed:

“2. Only judges may decide on the admissibility or extension of a deprivation of liberty. Where such deprivation is not based on the order of a judge, a judicial decision must be obtained without delay. The police may hold no one on their own authority in their own custody longer than the end of the day after the arrest. Details shall be regulated by legislation.

4. A relative of the person detained or a person enjoying his confidence must be notified without delay of any judicial decision ordering or extending a deprivation of liberty.”

(h) Re Section 7, paragraph 5:

The comments in sub-paragraphs (f) and (g) apply.

(i) Re Section 9, paragraphs 2 and 4:

Detention prior to expulsion likewise is permissible only in accordance with paragraphs 2 and 4 of Article 104 of the Basic Law (see sub-paragraph (g)).

(j) Re Section 11, paragraph 1, last sentence, paragraph 2, last sentence, and paragraphs 5 and 6: These provisions are deemed to have been deleted or to have become inapplicable by virtue of paragraph 4 of Article 19 of the Basic Law, which reads as follows:

“Should any person's right be violated by public authority, recourse to the court shall be open to him. If no other court has jurisdiction, recourse shall be to the ordinary courts.”

Identical provisions are contained in the administrative court laws of the Länder (e. g. for the Länder of the former British Zone of Occupation, Ordinance No. 165 of British Military Government on Jurisdiction of Administrative Courts in the British Zone - Verordnungsblatt, British Zone 1948, page 263).

(k) Re Section 11, paragraph 4:

The effect of this provision has been limited insofar as, pursuant to paragraph 4 of Article 19 of the Basic Law (see sub-paragraph (j)), recourse may be had to the administrative court against denial of the staying effect of a complaint.

(l) Re Section 14:

The provision has become obsolete by the lapse of time.

(m) Re Section 15, paragraph 1:

In connection with this provision, note should be taken of paragraph 1 of Article 116 of the Basic Law, which provides as follows:

“Unless otherwise provided by law, a German within the meaning of this Basic Law is a person who possesses German nationality or who has been received in the territory of the German Reich, as it existed on 31 December 1937, as a refugee or expellee of German stock (Volkszugehörigkeit) or as the spouse or descendant of such person.”

(n) Re Section 17, paragraph 2:

The authority to issue ordinances having the force of law or general administrative regulations has become extinct by virtue of paragraph 3 of Article 129 of the Basic Law.

3 The provisions of German law concerning expulsion, and in particular paragraph 1 of Section 5 of the Police Ordinance on Aliens shall apply only where the reasons for expulsion mentioned therein are not incompatible with the provisions of the NATO Status of Forces Agreement and of the Supplementary Agreement.