CO129-378 - Governor Sir Lugard - 1911 [6-7] — Page 122

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"safeconduct or other similar requisites. The exercise of this "right does not prejudice the legitimate faculties of the "judicial and administrative authorities in cases of criminal

"or civil responsibility"

And Art. 33, Section 1 Title 1, says.-

"Those that do not possess the qualities as determined

"by Art. 30, are foreigners. They have the right to the "guarantees authorized in Section 1, Title 1, of the present *Constitution excepting in all case the power of the Government *in expelling the pernicious foreigner".

Trachomatous persons cannot be considered as "pernicious".

That the Government recognized this absence of power in rejecting sich passengers was evident by the fact that it sought to change its constitution by making Art. 11 by adding the following words after "requisites", viz.,-

"but under such limitations and requirements as may be *provided by the laws covering immigration and public "health".

This change did not become law till September 1908, after the refusal of the passengers in this case.

1.

It is further believed that the action of the Government is contrary to the Treaty between that Government and Great Britain, but the Company are not in possession of a copy of that treaty. It is certainly contrary to Art 1 of the Treaty of 1899 between China and Mexico.