CAB129-78 — Page 59

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Governors under cover of a Circular Despatch in which Lord Swinton, at that time Secretary of State for the Colonies, urged that in cases in which it was desired to deport a British subject "he should have the benefit of a judicial enquiry into the facts alleged against him, rather than that, as in the case of aliens, the power of deportation should be exercised summarily and arbitrarily". Since then the aim has consistently been to embody this policy in Colonial legislation and practice. One reason for this policy was that since British subjects could enter and leave the United Kingdom without let or hindrance it seemed desirable that some limitation should be placed on the power of Colonial Governments to deport British subjects. If, however, the Home Secretary is given power to deport British subjects at discretion (thereby apparently placing them in the same category as aliens), there would be no grounds for insisting on a judicial process in the Colonies. If, therefore, we decide that the Home Secretary must have full discretion in the exercise of any powers of deportation of British subjects, we must face the possibility that we may not be able to dissuade Colonial Governments who wish to do so from taking similar powers, Nor would I be prepared to hazard a guess as to what effect such a provision would have in the longer term on the attitude of Colonial peoples to the Commonwealth concept.

Colonial Office, S. W. 1.

31st October, 1955,

A.L.-3.

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