keeping him in gaol. He refers me to Mr. Forsyth's Book of Cases at p. 463.
The passage there refers to a case when a sentence of transportation was commuted to imprisonment, and it was held invalid because inherent in the power of commuting the sentence of a Court of Justice is the principle that banishment in lieu of imprisonment is not permissible. This principle I need not discuss at length here, and I allude to it only on account of the peculiar condition of Hong Kong.
I think that this section had better be omitted.
6. In the 15th section the expression "send this nation abroad" apparently only refers to the act of the defendant committing the crime by sending the carriage out, not implying transportation under restraint from a place outside the Colony; it is a peremptory enticing power beyond the authority of the Legislative Council or of the Government to interfere with.
Ma. 10 | 76–H & S 2454