15
add that I am not satisfied that the doubt as to the
validity of these divorces is a strong one and I should
like a note on the subject, dealing in particular with
paragraph 23(h) of the Hague Regulations. Unless
you have any preliminary comments, will you please
pass the file to Mr. Mervyn Jones and I shall be
grateful if he will prepare a note, with references to
authorities.
Finally, I am not at all sure we can brush
aside the possibility of trouble if it is the case
that the Chief Justice had no jurisdiction to try
other cases such as assault and theft (see Y of
Miss Ruston's minute of 18th October); but perhaps we
need not pursue this question at the moment.
I have
مسا
Ogge
20.11.46.
poliin many comments.
h
2/11
"atta
I think we are now in a position to send a
despatch taking into account my minute of the 20th ·
November and Mr. Mervyn Jones' valuable note, a copy
of which, suitably edited, should, I think, be included.
1.
My view, briefly, is as follows:-
Marriages should be validated, but we should comment
on the draft Ordinance as in my minute of 20th November,
and we should suggest redrafting
n so as to
avoid setting out the names in a Schedule, following
the Home Office practice.
2. There is considerable doubt whether the Chief
Justice possessed jurisdiction, but, having regard especially to X in the first paragraph of my minute of
/20th
No comments yet.
Private notes are available after approval.