CO129-530-9 Deportation Amendment Ordinance- 1931 2-4-1931 - 14-12-1931 — Page 17

2.

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deportation of British

judicial enquiry,

subjects

without trial or

in such a way that while the Governor

was left in possession of powers absolutely necessary

for safeguarding the colony the principles of judicial

procedure might be preserved as far as possible It

•

was suggested that a new ordinance be considered

divided into two parts one dealing with aliens and the

other with British subjects. In the case of British

subjects provision should be made for a full enquiry

before a judge in chambers or some similar tribunal,

"If you feel," the despatch continues," some hesitation

in the peculiar circumstances of the case in delegating

to the judiciary the power of determining whether the

accused should be deported or not it might be sufficient

to provide that the judge should report to you upon

the allegations made against the person whom it is

proposed to deport and the power of

a.deportation order should be made could still rest

with you in Executive Council, but if you decided to

act contrary to the opinion expressed in the report -

deciding whether

a course which you would only adopt for the very strongest

reasons and in the most exceptional circumstances

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the

matter should be reported to me with full

particulars."

on the

The Chief Justice having regard to this de spat ch

objected to the new ordinance,No.7 of 1931,

following grounds:

1. As not providing for a full judicial enquiry

before a judge in chambers or similar tribunal.

2. As making the judiciary part of "the machinery of

executive action". (See para 3 of encl.no.1.of encl 3.)

3. As depriving the judge of the power to make

a recommendation on his finding.

4. As making unsatisfactory provision for rules

of evidence and procedure.

5. As giving the judge no adequate control over the