Enclosure No. 2.
44
Hon.Colonial Secretary,
1.
The criticism is directed to the new section
4(2) and (3) introduced into the principal Ordinance (No.25 of 1917) by section 2 of Ordinance No.7 of 1931,
which require that the "long procedure" in cases of
British subjects should be taken in the presence of a
judge in chambers, and that the judge should report
whether or not the allegations against the accused are
well founded in fact.
2. In his confidential despatch of the 18th June,
1923, the Secretary of State says:-
3. In my telegram under reference, I stated
that the question of the amendment of the Ordinance
must be reconsidered. I request, therefore, that
you will put forward proposals for amending the
Ordinance in such a way that while you are left
in possession of powers absolutely necessary for
safeguarding the Colony, the principles of judicial
procedure may be preserved as far as possible, and
the defect referred to in the second paragraph of
this despatch may be remedied.
If
4. I would suggest that you should consider
an entirely new Ordinance divided into two parts;
the one dealing with aliens and the other with
British subjects. In the case of British subjects
provision should be made for a full enquiry before
a Judge in Chambers or some similar tribunal.
you feel some hesitation in the peculiar
circumstances of the case in delegating to the
judiciary the power of determining whether the
accused should be deported or not, it might be
sufficient to provide that the Judge should report
to you upon the allegations made against the
person