(*)
Enclosure A
561
& sweolog
Hon. Col. Sec.
8
The Crown Solicitor tells me that he has
om in re- seen you this morning with reference to Ng Hin gard to the proceedings pending for a habeas corpus and
that you desire my advice in the matter.
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The order upon which the banishment is based
is bad on the face of it and I see from your letter of lat
Dec. to the Solicitor of the accused that he is in posses-
sion of a copy of the order.
desirable
to
I am of opinion that it is not desireabi
issue another order based on the same grounds on which the existing order issued and as the detention of the accused is illegal the proper course is for His Excellency to order
his release forthwith.
If there is further evidence to implicate
him of any other act committed since the issue of the order which satisfies the Governor-in-Council that it is neces- sary for the public safety that he be banished then proceed
- a new order would be rade -ings would initiate'de novo' by the Governor-in-Council and the order in proper form
would issue.
I understand that the orders have been in
the same form in the other cases of banishment recently
enforced.
The Crown Solicitor concurs in my opinion.
(Sd) . Rees Davies
3/12/08