CO885-(15-16) — Page 573

36187

No. 124.

(TRANSVAAL.)

LAW OFFICERS to COLONIAL OFFICE. [Disposal of Chinese Prisoners serving sentences after Repatriation of the remaining Chinese Labourers.]

MY LORD,

Royal Courts of Justice,

30th October, 1909. We were honoured by Your Lordship's commands, signified to us in Mr. H. W. Just's letter of the 4th September last, stating that he was directed by your Lordship to transmit to us two letters from the Transvaal Law Department regard- ing the disposal of Chinese prisoners who were serving sentences in the Transvaal after the repatriation of the remaining Chinese labourers.

That Mr. Just was to observe that it did not seem permissible to pardon these prisoners wholesale for the sake of administrative convenience, and that if they were sent to China to serve the remainder of their terms, there would be no legal authority for their detention on board ship, and, further, that your Lordship was, not prepared to take the responsibility of handing them over to the Chinese authorities.

That it might, however, be possible to assist the Transvaal Government by removing the prisoners to another Colony, such as Hong Kong, under the Colonial Prisoners Removal Act, 1884, if there was no legal impediment to that course.

That Mr. Just was to request us to inform your Lordship whether, in our opinion, in the circumstances stated in the letters from the Transvaal Law Depart- . ment, the prisoners could be removed to another Colony under the Colonial Prisoners Removal Act, 1884.

We have taken the matter into our consideration, and, in obedience to your Lordship's commands, have the honour to

Report-

That in our opinion, in the circumstances stated in the letters from the Trans- vaal Law Department, the prisoners in question could be removed to another Colony under the Colonial Prisoners Removal Act, 1884.

The Secretary of State is entitled to exercise the statutory power of removal if it appears to him that the removal of these prisoners is expedient for more efficiently carrying their sentences into effect, and we think that he would be justified in coming to that conclusion in view of the impending abolition of the Foreign Labour Department.

The Right Honourable

The Earl of Crewe, K.G.,

&c.,

&c.,

&c

(14612-2.) W, 96-932, 25, 11/09. D & S

We have, &c.,

W. S. ROBSON.

S. T. EVANS.

PUBLIC RECORD OFFICE

C.O.885

Reference :-

16 PUBLIC RECORD OFFICE, LONDON

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