CO129-530-9 Deportation Amendment Ordinance- 1931 2-4-1931 - 14-12-1931 — Page 44

Enclosure No. 2.

44

Hon.Colonial Secretary,

1.

The criticism is directed to the new section

4(2) and (3) introduced into the principal Ordinance (No.25 of 1917) by section 2 of Ordinance No.7 of 1931,

which require that the "long procedure" in cases of

British subjects should be taken in the presence of a

judge in chambers, and that the judge should report

whether or not the allegations against the accused are

well founded in fact.

2. In his confidential despatch of the 18th June,

1923, the Secretary of State says:-

3. In my telegram under reference, I stated

that the question of the amendment of the Ordinance

must be reconsidered. I request, therefore, that

you will put forward proposals for amending the

Ordinance in such a way that while you are left

in possession of powers absolutely necessary for

safeguarding the Colony, the principles of judicial

procedure may be preserved as far as possible, and

the defect referred to in the second paragraph of

this despatch may be remedied.

If

4. I would suggest that you should consider

an entirely new Ordinance divided into two parts;

the 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.

you feel 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