R
4892
S.
of war.
No. 66 A.
(CEYLON: SOUTH AFRICA.)
OPINION.
In our opinion the question* raised is not one depending on the existence or non-existence of martial law. The Supreme Court in Ceylon has no jurisdiction to grant a writ of habeas corpus to determine the legality of detention of prisoners Should an application for a writ of habeas corpus be made it should be resisted, and in the event of such being granted it will be a sufficient return to the writ to set out that the person in custody was captured in the Transvaal as prisoner of war, and is still in custody as such.
We think the Governor of Ceylon should be so advised.
Law Officers' Department,
January 28, 1901.
R. B. FINLAY, EDWARD CARSON.
• C.O. Note.—The question was raised by the Governor of Ceylon in a private letter to W.O., and related to the legality of the detention of prisoners of war, some of whom were detained in a place under martial law and some not in such place, but in prison at Colombo, or in the military prison at Kandy, or would be escaped prisoners recaptured outside the camps.
[307]
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO