CO885-(15-16) — Page 597

6052

No. 135.

(CEYLON.)

LAW OFFICERS to COLONIAL OFFICE.

[Legal measures necessary to effect the removal of prisoners from Ceylon to the “Andaman Islands.]

SIR,

Royal Courts of Justice,

22nd February, 1911.

WE were honoured with the commands of the Secretary of State, signified in Mr. H. Bertram Cox's letter of the 11th July last, stating that he was directed to inform us that the Secretary of State had recently had under consideration the question whether natives of Ceylon convicted of murder upon whom it was not proposed to inflict the extreme penalty could not be sentenced to be removed to the Andaman Islands. That Mr. Bertram Cox was

Governor, Confidential, 17th March, 1909. Sessional Paper 21 of 1907.

To India Office, 15th July, 1909. India Office, 28th April, 1910. Governor, Confidential, 8th June, 1910.

to enclose a copy of correspondence with the Governor of Ceylon and with the India Office, from which it would be seen that the Govern- ment of India was prepared, on certain condi- tions, to receive at the Andaman Islands such convicts from Ceylon, and that these conditions

had been accepted by the Government of the Colony.

That there remained, however, for consideration the question of the legal measures required to carry the arrangement into effect, and that it was in connexion with these measures that the Secretary of State would invite an expression of our opinion.

That it would be seen that the Attorney-General of Ceylon suggested the intro- duction of a short Bill in Parliament, amending the Colonial Prisoners Removal Act, 1869, so as to allow any Colony and the Government of India, as well as any two Colonies, to agree for the removal of prisoners.

That the Secretary of State was advised that a Bill on these lines might be simpler and better than any amendment of the Colonial Prisoners Removal Act, 1884, or any special Act providing for the object in view, and that if the Act of 1869 were made applicable to India as well as Ceylon that object could then be attained by a formal agreement between the two Governments sanctioned by an Order of His Majesty in Council.

That it had, however, been suggested to the Secretary of State that it might be possible to make the Colonial Prisoners Removal Act, 1884, applicable to the cases under consideration by the means provided by Section 2 (e) and Section 12 of that Act; ie., to pass an Ordinance locally in Ceylon, and to give effect to it

by Order in Council as provided for by Section 12 of the Act of 1884.

That that course would have the advantage of rendering further Imperial legislation unnecessary. That the Secretary of State was advised, also, that it was difficult to see what was the object of Section 2 (e) of the Colonial Prisoners Removal Act, 1884, if it were not inserted to meet the wishes of a particular Colony with regard to a particular class of offenders.

That Mr. Bertram Cox was to request that we would take the papers into our consideration and would advise the Secretary of State :—

(1) Whether a local Ordinance of Ceylon, if given effect to by Order-in-Council under Section 12 of the Colonial Prisoners Removal Act, 1884, would be sufficient

to provide for the removal of prisoners from Ceylon to the Andaman Islands?

(2) If not, whether an Imperial Aot amending the Colonial Prisoners Removal Act, 1869, would be suitable for the purpose? or

(3) Whether any other form of Imperial legislation would be better adapted to the circumstances of the case?

We were further honoured with a letter from your Department, dated the 23rd July last, enclosing a memorandum by Sir A. Thring with regard to the legal measures which would be necessary to give effect to the above-mentioned arrangement.

(19099—2) Wt 108-396. 23. 3/11 D & S.

PUBLIC RECORD OFFICE

Reference :-

16 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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