CO129-426 - Public Offices - 1915 — Page 328

?

Gurtiso

JIA

sir.

10754

Supreme Court MAR 15)

REGI

shanghai,

18th January, 1918.

19777

19 FEB 1915

325

With respect to the later-departuental

correspondence on the mibjent of the deportation of persons

sentenged by this Court sent to me in 30.24 of the 1st Dewaber

1914 I have the honour to offer the following observations.

The diffimity appears to be that the

only statutory provision for the deportation of prisoners is

that contained in sention 8 of the freign Jurisdiction Ant,

therefore the Governor of Hongkong gan enly deport, in the

strict sense of the term, under powers conferred by prerogativ

Order-in-Council. And a prerogative Order cannot go so far as

this.

I have been and am still of opinion that the actual

journey from Hongkong to the place to which the deportee is

being taken should be under a writ ismed out of this Court in

Bonordance with seation a of the foreign Jurisdiction Ant,

The Right Honourable

Sir Edward Grey. Bart. K.G.

eto..

ete..

ste.

Artiale