R
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
Preamble.
Enacting clause.
The Admini-
+trator may
direct the
detention of
certain pri-
woners in the
Seychelles
Islands.
Warrant under Administra- tor's hand
Burent for
d.tention of such prisoners. Pri-oners may be removed.
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(2.) In particular whether the Draft Ordinance would be sufficient to prevent any prisoner obtaining his release in the Seychelles Islands by Writ of Habeas Corpus, or any other legal process?
(3.) Whether any other legislation to legalise the action taken, or to be taken, in
respect of the said prisoners was necessary or expedient?
(4.) If so, what should be the form of such legislation, and should such legislation
be passed in the Cape Colony and in Bermuda?
(5.) Whether any legislation was necessary to legalise the detention of the prisoners
on the high seas?
(6.) Generally.
We have taken the matters submitted to us into our consideration and have the honour to
Report-
:
(1.) That as altered by us and initialled we think the Draft Ordinance is sufficient. (2.) Yes.
(3.) and (4.) Not at present. But the matter will require further consideration before Martial Law ceases. The sentences will then require validation by legislation, if they are to continue after the cessation of Martial Law. Setting aside the question of Imperial legislation, such legislation will be necessary in Cape Colony if the sentences were' passed there, and may be desirable in Bermuda.
(5.) We think that the detention of the prisoners on the high seas may probably be justified under Martial Law. An Act of the Imperial Legislature validating what has been done everywhere would be the most satisfactory course, but may not be practicable.
We have, &c.
The Right Hon. J. Chamberlain, M.P.,
&c.
Draft.
&c.
&c.
R. B. FINLAY. EDWARD CARSON.
AN ORDINANCE enacted by the Administrator of the Seychelles Islands, with the advice and consent of the Legislative Council thereof
To confer upon the Administrator of the Seychelles Islands the necessary powers for the detention at Seychelles Islands of certain South African prisoners.
WHEREAS it has-been-decided-by-His-Majesty's-Government is expedient that certain prisoners sentenced in South Africa to terms of penal servitude and of imprisonment in South Africa or elsewhere should be detained and undergo the punishment to which they have been so sentenced in the Seychelles Islands:
BE IT THEREFORE ENACTED by the Administrator of the Seychelles Islands, with the advice and consent of the Legislative Council thereof, as follows:-
1. It shall be lawful for the Administrator to order the detention at Mahé, or at any other island of the Seychelles Archipelago, of any prisoners sentenced in South Africa to any term of penal servitude or of imprisonment for the unexpired term of hi their respective sentencos, and to order that they should undergo at Mahé or such other island the punishment to which they have been so sentenced.
2. A warrant under the band of the Administrator shall be sufficient authority for the Inspector of Police to detain any such prisoner at Mahé, or at any other island of the Seychelles Archipelago in the said warrant mentioned, and to cause him to underyo there such punishment as aforesaid.
3. Any such prisoner may be removed from one of the islands of the Seychelles to another island of the Seychelles under the authority of a warrant signed by the Administrator and addressed to the Master of any ship, or to any other person, and the person to whom the warrant is addressed shall have power to convey the prisoner therein, named to such other island, and to deliver him, when there, to the authority named in the warrant or empowered by the Administrator to receive the prisoner.
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4. Every prisoner so detained shall be under the legal custody of the Inspector of Custody and Police, and of all officers and constables of the Police Force in Seychelles, or of any cecape of other person authorised or empowered by the Administrator to receive and detain the prisoners. prisoner, and shall, if he escapes or attempts to escape out of the island wherein he is detained, be liable, on conviction before the Court of Seychelles, to imprisonment for a period not exceeding two years in addition to the uns.rpired term of his sentence in South Africa.
5. Any person aiding, or attempting to aid, or negligently permitting any prisoner Penalty for to escape, or to attempt to escape, shall be liable, on conviction, before the Court of siding pri- Seychelles, to imprisonment, with or without hard labour, for a period not exceeding Boner to two years.
escape. 6. No writ of Habeas Corpus action or other process, civil or criminal, calling into No writ question the legality of, or other miner-connected with, the detention and punishment of of Habeas any such prisoner as aforesaid shall have any force or effect or shall be allowed in Corpus to Seychelles.
issue
7: The Administrator may, subject to the approval of the Secretary of State, make Power to regulations for the government of any prison or establishment which may be provided make regu- for the reception and custody of the prisoners and for the conduct and duties of the lations for Controller or other officers in charge thereof or of the prisoners, and for the diet, of prisoners. custody, &c. clothing, maintenance, employment, discipline, and punishment of the prisoners, and may impose penalties for the breach of any regulations so made, and the regulations shall be binding upon the officers and the prisoners respectively.
tion clause.
8. In this Ordinance "Seychelles" and "Seychelles Islands" shall mean all the Interpreta- Islands and Archipelago of Seychelles.
"Administrator" shall mean the officer for the time being lawfully discharging the duties of Administrator in Seychelles.
Inspector of Police" shall mean the officer for the time being at the head of the Police Force in Seychelles.
"Sentence" includes a sentence pronounced by any Court or person administering or purporting to administer Martial Law and any military court or authority, and proof of such sentence shall for the purposes of this Ordinance be conclusive.
"Prisoner" and sentenced" includes any person so sentenced.
Words of the singular number include the plural and words of the plural number include the singular.
9. This Ordinance may be cited as the "South African Prisoners Detention Short title. Ordinance, 1901.”
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10. This Ordinance shall come into force on a day to be fixod. by Proclamation.
Promulga tion.
R. B. F.
E. C.
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