§ Bill considered in Committee.
§ (In the Committee.)
§ Clauses 1 and 2 agreed to.
§ Clause 3 (Return of removed prisoners).
§ SIR HENRY HOLLANDsaid, he had an Amendment to propose in Sub-Section 1. That clause provided for the return of a prisoner, who had been removed, to the Colony from which he had been so removed. That might be found necessary in case of an epidemic, or because of overcrowding of a prison in 368 the receiving country; but it should not be in the power of the Colony from which the prisoner had been removed to object to his being returned. The clause, as it stood, provided that "the removing authority" might order the prisoner to be returned. But by Clause 5 of the Bill the "removing authority" was declared to be—
A Secretary of State acting with the concurrence of the Government of every British Possession concerned.Without some Amendment, therefore the concurrence of the Colony from which the prisoner had been removed, and to which he was to be returned, would be requisite. He would propose to omit the words "the removing authority," in order to insert the words—A Secretary of State or the Government of a British Possession to which the prisoner has been so removed.
§
Amendment proposed,
In page 2, line 12, to leave out the words "the removing authority," and insert the words "a Secretary of State or the Government of a British Possession to which the prisoner has been so removed."—(Sir Henry Holland.)
§ Amendment agreed to.
§ Clause, as amended, agreed to.
§ Clauses 4 to 7, inclusive, agreed to.
§ Clause 8 (Dealing with removed prisoners).
§ SIR HENRY HOLLANDsaid, that it was quite right to provide that the conviction, judgment, and sentence of a prisoner who had been removed might be questioned in the same manner as if he had not been removed; but such question should only be raised in the Colony where the prisoner had been tried and convicted. As the clause now stood that was not made clear; and he, therefore, proposed the following Amendments:—
In page 4, line 23, after the word "questioned" to insert the words "in the part of Her Majesty's Dominions from which he has been removed;" line 26, to leave out all the words after "removed" to the end of Sub-Section 1.
§ Amendments agreed to.
§ Clause, as amended, agreed to.
§ Remaining clauses agreed to.
§ Committee report Progress; to sit again To-morrow.