9
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powers under Article 69 of the Order in Council and under section 8 (f) of the Ordinance, the latter of which empowers him to make an order of deportation "if he deems it for any reason to be conducive to the public good ". While it may be that special circumstances in Palestine render it advisable that these powers should be retained, we recommend, nevertheless, that the High Com- missioner should be invited to consider how far it is practicable to adopt the procedure by way of specific charges, judicial enquiry and issue of the order which we have suggested for general adoption.
17. We append to this Report the draft of an Ordinance which would carry our recommendations into effect.
The Ordinance contains certain consequential provisions which we do not think it is necessary to discuss in this report, but it seems desirable to explain the following points :-
(1) Under the proviso to Clause 2 (3), periods in respect of which orders under the Ordinance are in force as respects any person are not to be taken into account in determining whether that person is a recent immigrant. This will enable the Executive or a judge to adopt the alternatives to deportation mentioned above without prejudicing the power to make a deportation order subsequently if necessary.
(2) Clause 7 (2) provides that the notice to be served upon a person against whom proceedings prior to deportation are to be taken shall inform him, if such is the case, that the Secretary of State's approval will be necessary before an order is made. If this is not done, his legal advisers may waste time and money in preparing evidence of the fact that he cannot be deported without such consent.
(3) Clause 15 (3), which enables the Governor-in-Council to make a fresh deportation order in respect of a person convicted under the Ordinance, e.g., of entering the territory in contravention of an existing order excluding him therefrom, is inserted to meet the case where the existing order is expressed to be of limited duration and it is considered desirable to extend the period of exclusión.
The
(4) The drafting of Clause 21 (Repeal) is purely tentative. intention is that the model Ordinance should replace all existing pro- visions affecting the deportation of British subjects.
18. We have received very helpful assistance throughout our deliberations, which have proved complicated and laborious, from our Secretary, Mr. L. S. Smith, and we take this opportunity of according our thanks and appreciation of his services.
R. V. VERNON, Chairman.
J. A. CALDER.
W. J. BIGG.
K. O. ROBERTS-WRAY.
J. B. SIDEBOTHAM.
A. COOKE.
GERALD CREASY.
L. S. SMITH, Secretary.
12th September, 1933.
We have now had an opportunity of considering certain criticisms which have been passed upon this report in the form in which it was originally signed, and we have made a few amendments to the report and a good many to the model Ordinance to meet some of those criticisms.
31st May, 1934.
R. V. V.
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