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no way restrained by any provision of this bill. An enquiry is, it is true, directed before a Judge; but whatever the course or the result of this enquiry, this bill permits the executive authority to proceed in the deportation forthwith at the close of the enquiry the position (apart from the
requirement to make certain reports to the Secretary of State, which may be made after the deportation has been effected) being wholly unchanged by any decision which the enquiring judge is authorised to give. And not only so; but the enquiry provided in the billis judicial merely in name,
and not in fact. The judge is expressly limited in his activities; and has not at his disposal the machinery usual
to his hand in order to elicit the truth. I feel it, there-
fore, incumbent upon me to suggest to Your Excellency that
a British subject has been here granted no better protection than is afforded to an alien from arbitrary decisions. While in practice it is not unlikely that the Governor will give weight to the expressed opinion of the judge, he is yet under the provisions of this bill empowered to disregard it, and to that extent the protection de signed by the bill is
a mere shadow. With respect I would submit that this shadow
of protection should be frankly withdrawn; and if a substance
of protection is to be granted, then that a satisfactory procedure should be adopted to that end.
To continue, I would, also, submit to Your
Excellency some remarks on the position of the Judges in relation to the enquiry which it is here proposed that a judge should conduct in deportation proceedings affecting a British
subject. The enquiry is anomalous; and without precedent in the Colonial Ordinances. The functions of a judge under the
British systems is well understood. He conducts enquiries
(with few exceptions) in public. He reaches his conclusions
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