confidential despatch no. 30301/1/34 Genl. of 15 September
1934. The clause would also give the Governor in Council
greater powers than those of the Home Secretary, who may
make a deportation order against either an alien or a
Commonwealth citizen on the recommendation of a Court which
has convicted the offender of an offence punishable with
imprisonment, or if the offender is found to be in breach
of landing conditions. In addition, the Home Secretary
may order the deportation of an alien if he deems it to be
conducive to the public good.
This provision may be ex-
tended to certain Commonwealth citizens under the proposed
new UK Immigration Bill, but any person against whom a
deportation order is made in the United Kingdom has a
right of appeal.
Clause 55(2)
This clause seeks to embody in the Bill the provisions
and of the Emergency (Deportation Detention) Regulations and in doing so to extend the application of those
regulations to British subjects. It is true that the
regulations in question have been in existence for
some eighteen years, but it is not clear why there is
now a wish to embody them in permanent legislation particularly since they have not been used for a
considerable time. The use of these regulations in
the past has given rise to certain difficulties in the United Kingdom, even when their application was confined to aliens. It can hardly be expected that
Ministers would welcome the introduction into the
permanent law of the Colony legislation which would
enable the Authorities to detain without trial both
aliens and British subjects whose deportation does not prove practicable. It is appreciated that such cases would be referred to a tribunal, but that tribunal would be entirely advisory.
MW
NOTHING TO BE WRITTEN IN THIS MARGIN