CO129-431 - Governor Sir May - 1916 [1-2] — Page 126

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Report

on an Ordinance intituled an Ordinance to amend the Deportation Ordinances, 1912 - 1914.

The Right Honourable Secretary of State signified his ap- proval of the introduction of this Ordinance in His despatch of

the 1st October, 1915.

The alterationg referred to in that despatch has been made. Three other amendments were made in the bill in the commit-

tee stage.

In section 2 (1)(a), the words "whatever the immediate or

ultimate destination of the said ship" were added.

This was done in order to make it clear that the Governor is to have power;

It was

to choose the ship irrespective of its destination.

thought that a deportee might argue on the paragraph as originally

drafted that he had a right to choose the destination and that

the Governor had only the right of selection among ships leaving

for that destination.

The following proviso was added at the end of sub-section

(1) of Section 2.:-

Provided that where extradition proceedings have

been previously taken against any such person, and

the said proceedings have resulted in the discharge

of such person either by a magistrate or by the

Supreme Court on habeas corpus nothing in this

sub-section shall be construed as empowering the

Governor to order such person to leave the Colony

by any ship the immediate destination of which is

a place in the state by which the surrender of such

person was demanded.

It was thought advisable to insert this proviso as a matter of

form, though it cannot be imagined that a person whose surrender

had been demanded by a foreign state, but who had obtained his

discharge in the extradition proceedings, should be surrendered

!