CO129-504-11 Chinese communist inspired conspiracies- banishment of political revolutionary agitators 24-3-1927 - 20-7-1927 — Page 9

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it is conceivable that refusal to deport might be

unwelcome to the Government of the country to which

the alien belonged. In the United Kingdom this

wide power is exercised with caution; and would not

be invoked against an alien merely because he was

persona non grata to his own Government, or as a con-

venient alternative to extradition proceedings.

The Secretary of State has to be satisfied that the

alien's removal is desirable in the interests of the

United Kingdom. On the other hand, the fact that his

deportation might put him in the hands of his Government

with the result that he might be punished for an

offence which might be regarded as "political" would

not be decisive against a deportation order being made,

though it would be one of the considerations to be

taken into account (see R. v. Home Secretary, ex parte

Duke of Chateau Thierry (1917) 1. K.B.922.)

One further point is raised by the corres-

pondence to which Sir William Joynson-Hicks wishes to

draw attention. In his note of 29th December last,

the Governor General of the Netherlands East Indies

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asks that the two Javanese agitators may be banished

from the Straits "so that they will be obliged to

return to Java, a phrase which suggests that a deportee

is necessarily sent to his own country. In the United Kingdom a deportation order does not require the alien

against whom it is made to proceed to any particular country, and it has been decided by the High Court that it cannot do so (see the Chateau Thierry case_supra).

All that the order requires is that the alien named in

it