CO129-496 - Public Offices - 1926 — Page 110

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It is presumed, however, that the enquiry refers rather to the possibility of taking action in India against Chinese who are seditious only from the point of view of

whose activities are

the Chinese Government - that is, directed against that Government,

and not against the

British Government. A copy is enclosed of Sections 125 and 126 of the Indian Penal Code, the only provisions of the Code dealing expressly withats directed against a Foreign Power, and also of section 1205, under which a prosecution might in some cases be possible.

4.

In addition to the powers referred to in the preceding paragraphs the Government of India possess powers of deportation under section 3 of the (Indian) Foreigners Act of 1864, of which a copy is endlosed. Under this section a Chinaman may, for any or noassigned reason,

be ordered to remove himself from British India.

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I am to suggest that the Secretary of State for Foreign Affairs may consider it desirable to consult the 3ecretary of State for the Colonies with regard to the position in the Straits Settlements and the Federated

Malay States, where Chinese are numerous, and special powers for dealing with undesirable political activities

on their part are doubtless held by the local

administrations.

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