CO129-482 - Public Offices - 1923 — Page 175

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Mr. Ormsby. Gore 173

You will remember that the Government of Hong Kong passed an Ordinance giving the Governor in Council power to deport British subjects without trial or any form of judicial inquiry. The object

was to get rid of seditious Indians,

though no particular race was mentioned.

The Government of India objected,

56195/22 you decided to support Hongkong

India appealed to the precedent of the

China Order in Council which provides

for judicial inquiry. The Foreign

Office tell us they think deportation

by administrative order indefensible

in time of peace.

We want to have and retain

On

the power to deport these seditious

Indians without a formal trial, and on

further consideration we are afraid

that we shall not retain the power

unless some kind of inquiry before a

judge is held. Accordingly Mr. Bushe

has suggested a new Ordinance providing

that a judge shall report, but that the

Governor in Council shall be free to

decide whatever his report. Presumably

it would only be in most exceptional

circumstances that the Governor would

decline to adopt the Judge's report.

I have slightly altered the wording

as the existing Ordinance covers cases

of persons about to act" in a manner prejudicial to peace and order.

as well as those who have been guilty

of

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