MINUTES.
Case of European long sentence convicts transferred to England
27/5
Day Bosomy?
It is I believe general practice for a Convict to be transferred to a penal colony at the cost of the colony requesting the transfer for the maintenance of the prisoner.
I don't understand on what grounds...
2. Clive in Paris thinks India did pay.
28
The principle that, according to my experience, has always been observed as to the cost of the removal and maintenance of a removed prisoner is that it falls on the colony which has desired the removal and in whose interest it has been made.
In the present case it appears that neither India nor H.K. is to bear any part of it.
28/5
MINUTES NOT TO BE WRITTEN ON THIS SIDE.
Quite in this case, the removal was deserved.
In JP Lealty 402, they have no note of any similar case.
Though I cannot speak to the legal position, it seems to me that the practice in the case of a prisoner removed under the Co. Persons Removal Act is not clear; but that if in a question of the intention of Art 66 of the China Order in Council it is held that Hong Kong was deliberately selected as the proper place for detention of a Convict sentenced prisoner in such cases, then it may be argued that other parts of H.M. dominions need not take a prisoner sentenced by the Supreme Court in China unless such part has agreed to do so (either generally or in a specific case); and except that the intention was that Hong Kong - or the other consenting dominion - should bear the cost.
If there is no other consenting dominion, the Supreme Court would, I presume, arrange for the removal to H. M.'s nearest dominion.
If Hong Kong would have to maintain the prisoner or make its own arrangements for maintenance with another consenting dominion.
MINUTES.
Case of European long sedvence convicts transfered to England
Στις
27/5
Day Bosomy?
It is I velur 100
general practice for a Cong
the cost of
to key
maintenance of
A
presonen
tamarised to lase. from.
(tomal puson. I dont
undesland
от
What grounds
2. Clive In Faser think
Endia did pay.
28
The principle that, according to
my experience, has always besa
as to the cost of the removal
obsword
+ mainhana
of a removed Jenisons
is that it falls on the colony
plan which has disired the removal
& in whose interest it has been made.
I
In the pran
it ad
Kat suther India or H.K. Si har
to bear any part of it.
ar.
28/5
MINUTES NOT TO BE WRITTEN ON THIS SIDE.
Quine in this su
tryped morati desmeard
JA
In J Pleaty
402
the have no note of any
similar case
Though I cannot
spreant a to the legal position, it seems to me that the practice
the case of a pusoner removed under
the Co. Personis Removal Gel is not
LA
poiset: but that if in a quation
of the intention of Ars 66 of the China Ime I lath it that Hong long
was deliberated) selected as the proper place for detention of a Cong sentenx prisoner in such cases,
that way
y
othe
post of tt pris dominions need not tola a
presoais sentimend [ Nom Supreme tout in China unless such part has agreed to do so (either penet amoopcise case) ; & expect the intention was that Hong Kong -
or the other consenting domumori - should hear the cool. If there in no other consenting dominion the Supreme Cl. would, I presume, worin
a
wassant for themoval to H. Mors
I Hong Kong wouler have to
maintam tu priecur or make its own artangements for
Uneral to
-
bi
› mantenac w
another Soncinsini.
*
Wre
you
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