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Secondly, supposing the reply to the first question to be in the affirmative, if the Officer Commanding the Troops, after confirming the death sentence for treason refers the case for the consideration of the Governor instead of executing the sentence, has the Governor power under paragraph 14 Letters Patent to grant -conditional pardon?

Thirdly, in the case of non-capital sentence approved by the Governor under section 54, sub-section 9, has the Governor power subsequently under paragraph 14 Letters Patent to grant a remission of part of the sentence?

Fourthly, if the answer to the second question is in the affirmative, is it within the Governor's power to impose a sentence of penal servitude or imprisonment as a condition of pardon?

Fifthly, if the answer to either the second or third question is in the affirma- tive, has the Governor power to impose the payment of a fine in either case as a condition of clemency?

Sixthly, if the Governor has the power mentioned in my second question, must he, under paragraph 32 Royal Instructions, consult the Executive Council?

Seventhly, under the Ceylon Penal Code conviction for treason involves for- feiture of all property; but a similar conviction under the Army Act does not involve this forfeiture. Officer Commanding the Troops recommends the issue of a notice announcing that steps will be taken to impose a similar forfeiture in the latter case. I believe that a salutary effect would immediately attend such an announcement. I have to request authority for the action proposed and for the legislation which would be required in consequence.

Please reply as soon as possible by telegraph.-Chalmers.

29055

(No. 352.)

No. 4.

THE GOVERNOR to THE SECRETARY OF STATE. (Received 23rd June, 1915.)

The Queen's Cottage, Nuwara Eliya, Ceylon, 31st May, 1915. [Published as No. 1 in [Cd. 8107], January, 1916.]

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(a) The answer to the first question should be in the affirmative. (6) Under Section 57 (2) (a) of the Army Act, when a sentence passed by a court martial has been confirmed, it may be mitigated, remitted, or commuted, respects persons undergoing sentence in any place whatever," by His Majesty. His Majesty has delegated his prerogative of pardon generally to the Governor of Ceylon by Article XIV, of the Letters Patent of the 24th November, 1910 (a copy of which is enclosed for convenience of reference). convictions"in any Court," and is, therefore, a good delegation of the power to This delegation extends to pardon in cases of sentences by court martial. The answer to the second question should therefore be in the affirmative.

(c) The Governor is not debarred by approval, under Section 54 (9) of the Army Act, from subsequently granting a remission of part of the sentence, and the answer to the third question should therefore also be in the affirmative.

(d) The substitution of such a sentence as is mentioned by the Governor would

be one of the "lawful conditions" referred to in Article XIV. of the Letters Patent. The answer to the fourth question is therefore in the affirmative.

(e) The answer to the fifth question is in the affirmative so far as regards cases where a pardon is granted. As regards cases where a remission of sentence is granted, a fine is, strictly, not a remission but a commutation, being an alteration of the description or class of punishment. In this country every commutation is regarded as a conditional pardon, and the answer to the fifth question is therefore in the affirmative.

( Article XXXII. of the Royal Instructions of the 24th November, 1910 (a copy of which is enclosed), applies in the same manner as Article XIV. of the Letters Patent. The answer to the sixth question is therefore in the affirmative.

(g) With regard to the Governor's seventh question, as forfeiture survives in Ceylon under the penal code of the Colony, Mr. Bonar Law is inclined to think that a similar provision might be extended to the case of courts martial, but he is advised that such a provision cannot be made retrospective.

I am, &c.,

29674

H. J. READ,

for the Under-Secretary of State.

No. 7.

29058

(No. 353.)

28430

No. 5.

THE GOVERNOR to THE SECRETARY OF STATE. (Received 23rd June, 1915.)

The King's Pavilion, Kandy, 1st June, 1915. [Published as No. 2 in [Cd. 8167], January, 1916.]

No. 6.

COLONIAL OFFICE to WAR OFFICE. [Copy to Governor, 6th July, 1915. L.F.] [Answered by No. 7.]

SIL,

Downing Street, 23rd June, 1915. WITH reference to the letter from this Department of the 15th June,* I am directed by Mr. Secretary Bonar Law to transmit to you, to be laid before the Army Council, a copy of a telegramt from the Governor of Ceylon with regard to certain. questions which have arisen in connexion with the trial by court martial of persons concerned in the recent riots in the Colony.

2. Mr. Bonar Law is advised to the following effect with regard to the questions raised by the telegram, and, subject to the concurrence of the Army Council, proposes to reply accordingly

• L.F. transmitting copies of Nos. 1 and 2.

+ No. 8.

SIR,

WAR OFFICE to COLONIAL OFFICE. (Received 28th June, 1915.)

L.F.]

[Copy to Governor, 6th July, 1915. Confidential.

War Office, London, S.W., 26th June, 1915.

I AM commanded by the Army Council to acknowledge the receipt of Colonial Office letter No. 28430/1915, dated 23rd June, 1915, transmitting a copy of a telegram addressed to the Secretary of State for the Colonies by the Governor of Ceylon; and of Colonial Office letter No. 29270/1915, dated 25th June, 1915,† also transmitting a copy of a telegram from the Governor of Ceylon.

In reply I am to acquaint you, for the information of Mr. Secretary Bonar Law. that the Council are of opinion that the answer to the first question contained in the telegram from the Governor of Ceylon dated 20th June should be in the affirmative. As regards the remaining questions in that telegram. the Council have no objection to offer to the replies which Mr. Secretary Bonar Law proposes to make.

I am, &c.,

B. B. CUBITT.

• No. 6.

↑ Not printed.

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