to the proper addressee.
3
Once
a requisition has reached that
addressee, the various provisions of the Act begin to operate.
If the Act says that for Great Britain the proper addressee is the Secretary of State, we construe section 17 (1) as saying that ✓ for a British possession the proper addressee is the Governor.
We do not construe it as giving a choice between the Secretary of State and the Governor. We believe that this view is supported
by section 17 (2)
to
(4).
"colonial" procedure.
a person in custody in
Middlesex.
These
are setting out
a
different
It would be very peculiar to suggest that
in a colony might be sent to a prison in
The proper place for him is a prison in the colony. The Act goes out of its way to refer to a court "exercising in
the British possession the like powers as
Bench exercises in England".
So far as
we
the Court of Queen's
can see, the Court of
Queen's Bench simply could not operate in relation to somebody in
a
colony.
To
our
the minds
context
in which section 17 (1)
appears points to there being one procedure for securing the If so, it surrender of a fugitive criminal in a colony, not two.
appears to
correct.
us
that the present version of our draft clause is
We appreciate however that your policy might be to provide for circumstances, as you say in paragraph 6 of your letter, in which ✓the Secretary of State might wish, or might have to, exercise his
powers under the Bill in a dependent territory. this would be a new departure.
We spoke about this.
We believe that
What would the circumstances be?
No comments yet.
Private notes are available after approval.