HC Deb 02 May 1934 vol 289 cc297-8
15. Mr. LUNN

asked the Secretary of State for the Colonies whether district commissioners in the Somaliland Protectorate, sitting as magistrates, exercise the power of inflicting the death penalty?

Sir P. CUNLIFFE-LISTER

Under the Administration of Criminal Justice Ordinance a district commissioner cannot try murder or treason which are punisliable with death, and are triable by the Protectorate Court. Under an amendment passed in 1933, however, a district commissioner may be specially empowered by the Commissioner to try natives for these offences in the absence from the Protectorate of either the Commissioner or the Secretary to the Government, who are the officers empowered to hold the Protectorate Court.

16. Mr. LUNN

asked the Secretary of State for the Colonies whether any provision exists in the British Somaliland Protectorate whereby the tribal fines imposed by district commissioners are reviewed and, if necessary, revised by the Governor?

Sir P. CUNLIFFE-LISTER

Where tribal fines are authorised by law in British Somaliland, these may only be imposed by His Majesty's Commissioner : except in the case of fines under the Pro- tection of Boundary Pillars Ordinance, 1931, which may be levied by a district commissioner after judicial inquiry. The fine under this Ordinance is fixed at Rs.100 for each boundary pillar damaged, and there is no provision for review.

17. Mr. LUNN

asked the Secretary of State for the Colonies whether, seeing that in the British Protectorate of Somaliland there are no courts of justice other than those held by local administrative officers, he proposes to take steps to establish a judicial system?

Sir P. CUNLIFFE-LISTER

While I do not think it would be either possible or desirable to establish a separate judicial system in Somaliland, I have already under consideration the question of providing legal assistance for the Protectorate Administration, and I propose to discuss the matter with the Commissioner, who is proceeding on leave shortly.

Mr. LUNN

Does the right hon. Gentleman not think that something should be done or that some right of appeal should be given against District Commissioners in cases of sentence of death?

Sir P. CUNLIFFE-LISTER

If the hon. Gentleman will read the answers I have given to previous questions he will see that the District Commissioners only try such offences under a special power. I am speaking from memory, but I think that in all those cases there is a right of appeal to the Commissioner. On the broad issue, I am sure it would be both impracticable and undesirable in Somaliland to separate the judicial and the administrative functions.