119
2 of 1846, 11 of 1865, 1 of 1869, 12 of 1873, 4 of 1887
and 63 11911).
(3) The print of queen v.Staples.
especially the "Memorandum of Reasons" page 3.
See
I also send you a brief précis of the points
which I endeavoured to put to you on Monday in support
of the validity of the provisions of the Hong Kong Deportation Ürdinence as to the deportation of British
subjects. I have put it together very hastily and it
is of course not intended as an exhaustive argument but
merely as an outline.
#722: UTOR
Yours sincerely,
(SD) J.S.RISLEY.
(1)
THE LI MONG HI APPEAL.
(Hong Kong Deportation Case).
The Colonial Laws Validity Act,1865, provides
that no Colonial law shall be or be deemed to have been vold or inoperative on the ground of repugnancy to the
law of England unless it shall be repugnant to the provisions of any Act of Parliament (or Order or Regulation made there extending to the Colony (sections 2 and 3) and that an Act of Parliament or any provision thereof shall be said to extend to any Colony when it is made applicable to such Colony by the express words or necessary intendment of any Act of Parliament
(section 1).
(2)
The question then arises whether the provisions of the Hong Kong Deportation Ordinance as to the deportation of British subjects are void for repug- nancy either to the "nullus liber homo" clause in Kagna Carta or to the labeas Corpus Acte.
It
(3) The true nature of lagna Carta aɛpears to be that it was "partly a Declaration of Rights partly
(Anson Law and & Treaty between Crown and people". Custom of the Constitution Part I Parliament, Edition
page 27).
The "nullus liber homo" clause in particular would seem to have been simply declaratory of rights olaimed as already existent under the common law. may therefore be open to doubt whether lagna Carta is an "Act of Parliament" within the meaning of the Colonial Laws Validity Act, but it must be : dmitted that in the case of queen v.3taples the Privy Council treated it on the footing that it might possibly be an Act of Parliament for the purpose of section 12(1) of the
a provision relating to Foreign Jurisdiction Act, 1890 Orders in Council passed for Protectorates and running on
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para lel