MINUTES
.
MINUTES NOT TO BE WRITTEN
his powers
under §3
my sparinghis conty in
Cucer of returned deporties
or pletons who have
completed
A
imprisonment
A
стра
endrames
term
1
above without
to fo
Gor conf
Sext *18/5-
LFE
Would the Governor be
content to have his powers under
this Ordinance more or less permanently
whittled down, because if not, I
should hesitate to write in any
sense the India Office which
implied that such would be the
position. Rather than that I should
have thought that it would have been
better to reconsider the whole
position in order to see whether it
would not be possible to give the
Governor all the powers which he
requires, while at the same time
providing a more defensible method
of procedure.
The 1917 Ordinance
is not a good production, and I
think it is very difficult to
defend the deportation of British
subjects
ON THIS SIDE.
1
172
subjects without trial.
Their
A
X
*# 1917 of amduring
position under this Ordinance is rather worse in some respects than that of an alien, since they do not come under
Section 4 unless and until the Governor is satisfied that they have been guilty of this, that or the other (see Sub- section 14). Their case is therefore pre-judged from the start and the so-
called enquiry which is provided for in the earlier part of Section 4 must in their case be peculiarily farcical.
No doubt, however, it is not desired
to re-open the whole subject, but if
you agree with me that the Governor
might not be satisfied with the modified
application of the Ordinance which is
surgested, I think it would be better to
toi
ask the India Office to concur without
qualification, and if they won't, to
consider whether it would be better to
proceed on the lines of Mr. Gent's
minute or to evolve some scheme which,
while preserving some elementary
principles of juridical procedure, yet
confers upon the Governor all the powers
which he required.
H/B
23/
In our at a for of
22 Die
hein in the exercis
besides limiting her
of his powers and the trace
we lett hein that the question of
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