keeping him in gaol. He refers me to Mr. Forsyth's Book of Cases at p. 463.
The passage there refers to a case when a sentence of transportation was commuted to imprisonment, and it was held invalid because inherent in the power of commuting the sentence of a Court of Justice is the principle that banishment in lieu of imprisonment is not permissible. This principle I need not discuss at length here, and I allude to it only on account of the peculiar condition of Hong Kong.
I think that this section had better be omitted.
6. In the 15th section the expression "send this nation abroad" apparently only refers to the act of the defendant committing the crime by sending the carriage out, not implying transportation under restraint from a place outside the Colony; it is a peremptory enticing power beyond the authority of the Legislative Council or of the Government to interfere with.
Ma. 10 | 76–H & S 2454
keeping him in faol. He buting for The Acting Attorney Generne refer me to M
Forsyth's Book of Cases
Minims
at pr. 463.ht
Efen
The passage there refers to a
case when a pentiner of
portation was commuted
to imprisonment, and ich
Was held invalist breauen
inherent
The frown has no Grover of
A
Commuting the dentines of
a Cont of Justin. This is
the
Conors
Eanishment
in liewe of imprisonment, Principle which Ian No
occasim Posstend, and which
I aller to pass in the 7t
423
Section only on accout
Wthe preamlion condition of Hryking. Dap dan
Minion that this truth
Suction have better to
omitted
6. In the 15th duction
The expressim
ocean
<
h
Send this nation plan".
apparently only be
of this Jach of the dectin comm
by sending the Carrive ont, Annot imply Trendiriant under restraint
From place outsich the
Colony; ift a perendig entiig
powry beyond the authority of the
Legislative Domettonse or of
The Garment_ to Inforan_
Ma. 10 | 76–H & S 2454
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