§ 39. Sir Peter Macdonaldasked the Secretary of State for the Colonies why and in what circumstances the power of banishment was refused to the High Commissioner in Malaya during the post-war period; whether this power has now been fully restored; and how many persons have come under the effect of it since its restoration.
§ Mr. Rees-WilliamsThe High Commissioner's power of banishment is conferred by law, and the law has not been abrogated. From time to time there has been consultation between the authorities in Malaya and the Secretary of State as to the extent to which this power should be exercised without prior reference to the Secretary of State, but (apart from a period during which the deportation of British subjects was not permitted) at no time has any request by the local authorities for extending the categories of cases in which they could take action on their own initiative been refused by the Secretary of State. There were no banishments between the restoration of civil government in April, 1946, and December, 1946. There were 193 in 1947, and there have been 472 to date in 1948.
§ Sir P. MacdonaldIs it not a fact that the civil authorities there were barred from using their powers of banishment from the time of liberation until quite recently when the emergency powers came into effect?
§ Mr. Rees-WilliamsThat is not so.
§ Mr. Walter FletcherWill not the Under-Secretary agree that there is a difference imposed from the Colonial Office in the use of the powers in the Singapore and Federated Territories?
§ Mr. Rees-WilliamsThere is a difference in the powers sought, but not in the powers granted.