CO129-145 - Lieut Governor Whitfield - 1870 [6-9] — Page 438

Af Malkia Hibraltar

also

are empowered & Onder in

Council of 1 February 1843 h deport.

But I submit that suctions 2,3&4 1 thes Obriance require amendment in to far as they

deportation. for the Supreme Cout have to sentence to Inidhune to think that such power showed le vested and that the utmost in the foverner in (rumit only

Cant shared han in this direct is the

hours

power to sentence persone convicted of felony,

I in the case

leave the Croney & to remains away for a term t 2 persone not yeen or for life; leaving, or returning before the Expriation of the..

Lentence,

tunder their avert committal to

prison for a period not syceeding 3 jeans,

Newfoundland

This power is vested in the Carts in an Act (local) of 1867 (30 kit (12) which was Ianctioned after a reference to the Law Officers -

*

of their view to concrossed in, it follows that feet. 4 could require toh remodelled.

But wi

I think this section, in its

in any present shape, in djectionable. for it lembraces not only criminals who have been departed, hat

furrows a not necessarily criminals - who

under see 7 of t

having

been orginals departed under see

19/1857

retom before the expiration of the term

Section 3

Sect. 4-

الحمل

10042

To

H.K

مسلم ہو

*

then re-deported Supreme Court under sect. 3 t

return hymn that sectiever - completed- Suck

ferrous theis fall under veel: 4. but they

430

of Defatation & washer persons might not to le made liable to be whiffed, and re-deported for life, and it is to the drained that the Cant under section 2 cannot fix a less term of re-deportation.

Adina und the my 1859

It was decided in 1866 that a clause in an which madh person who returned from defentiation, n the term was over, liable the flopped thranded, could not allowed, the fact that the person has

should wthorned twice make him liable the flogged?

#

Lastly I thank the 5th section, if it is to stand at all requires amendment. By to the Police Mapstrate is Empowered to direct that the person sentenced to In deported chate to reward "to

any place within China". If this haver is the prom. the words "beyond "There

any the word the limits of Men (olony," shaved be substituted for the word

"Way Man within (huin"-

wing 71857

h

Bact & shared to dispored to requin the ampion Whis section. It is not stated that there has been

any

difficulty in carrying out orden under the Ordinance of 1857.

carrying out order 1 deputation

the Lower &

and

if

Departing is confined as heretofore, to the for in

Commal, it seems unnecess

unnecessary.

til

uumb can any.

undesirable, to call special attention to the

mode & carrying out there coders.

No such spad directions an

found in the

Mer in Jounal for Mallin fibraltar, hat only a jeveral direction that all officers tc. are authorzit & required to be riding in the Execution

such order of the fovernors.

1

of the power of deporting is the given

!