CO129-537-3 Deportation Ordinance- 1932- Bill 8-3-1932 - 28-9-1932 — Page 31

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3.

The powers given to the judge by clause 6 (3) (a)

seem to me to be insufficient. He is given no power to secure the attendance of any witness, and no power to compel a witness

to answer.

The Inspector General of Police could thus make it

impossible for the judge to cross-examine any particular witness, and could indeed withhold any evidence that he might

think fit to withhold. I do not suggest for a moment that

the Inspector General of Police would come to any such

decision without grave consideration, but he might feel it

his duty to take such action in order to protect some

informer, because the mere attendance of an informer at the

Courts of Justice might conceivably place that informer's

life in danger. This is one of the incidental objections

to giving a secret inquiry to the judges, but at the moment I

am concerned with the question of the judge's powers, and

I think that the bill should contain something of the nature

of clause 6 (7) of the bill which I drafted as attorney

General in 1930. Such a clause would give the judge the

general powers with regard to witnesses, etc., which he has

in an ordinary proceeding before him, and it should also

expressly empower him tor equire witnesses other than the

accused person to answer questions, and should give power to

punish on refusal.

4.

With regard to Form No.3. I venture to suggest that the judge should report to Your Excellency and not to the

Colonial Secretary.

5.

It has occurred to me that perhaps the bill should provide expressly for some form of inquiry to be followed

by