HC Deb 23 March 1948 vol 448 cc2950-1

(1) All persons convicted of murder of or of attempted murder of or of assault upon any member of His Majesty's forces or any person in the employment of the Government of Palestine, or of the use or carrying of arms or explosives and detained in prisons in Palestine, may if their sentences will not have expired by the appointed day, be removed before that day to any British possession or to the United Kingdom to serve the remainder of their sentences.

(2) All British subjects detained in prisons in Palestine shall, if their sentences will not have expired by the appointed day be removed before that day to any British possession or to the United Kingdom to serve the remainder of their sentences.

(3) All persons convicted of the offences specified in Subsection (1) hereof and serving their sentences outside Palestine may be detained in the prisons where they now are or may be removed to any British possession or to the United Kingdom to serve the remainder of their sentences.

(4) Every prisoner removed under the provisions of this Section shall from the time of his leaving the prison from which he is removed to the time of his reaching the prison to which he is removed be deemed to be in the legal custody of the person or persons empowered to remove him, and to be subject to the same restraint, and, in the event of misbehaviour, to the same punishment, as if he had continued in prison, and as if the person or persons empowered to remove him were the gaoler or gaolers of such person; and if he escape or attempt to escape from such custody, such prisoner and every person aiding or attempting to aid him in such escape shall be subject to the same punishment as if such escape or attempt to escape, were an escape or attempt to escape from prison.

(5) In this Section a prison shall mean any place of confinement or any place where the prisoners undergo punishment.

(6) It shall be lawful for His Majesty in Council from time to time to make, and when' made, revoke, and vary, regulations as to the' removal, return and discharge of prisoners under this Section.

(7) Every person removed under this Section and every person punished under this Section shall be deemed to be and remain subject to the laws ordinances proclamations or other provisions in force in Palestine at the date of his conviction.

(8) The Colonial Prisoners Removal Acts, 1869 and 1884, shall not apply to the removal of any person under this Section.—[Mr. Manningham-Buller.]

Mr. Manningham-Buller

I think this new Clause is largely covered by the Amendment that the right hon. Gentleman has put down to Schedule 2, page 5, line 15, although it is rather an odd place for it to appear. I should have thought it ought to be in a new Clause. In the hope that this is so, I do not propose at this hour of the morning to move this new Clause. If it is not so, and we are not satisfied, we will put down this new Clause on the Report stage.