§ 43. Mr. Fenner Brockwayasked the Secretary of State for the Colonies what reports he has received on the arrest, 197 prison treatment and deportation of Lieut.-Commander Struan Robert Davidson from Kenya; and what action he proposes to take in the matter.
§ Mr. LytteltonMr. Davidson was convicted for offences under the Immigration Control Ordinance on the 29th October, 1952, and sentenced to pay £50 in fines, or in default to serve one month's imprisonment. He did not pay the fines, and was therefore committed to prison. A subsequent order for his deportation provided that he should be detained in prison custody while arrangements for his deportation were made. He was therefore in lawful custody. He was not treated as a common criminal prisoner, and was given ordinary prison diet which he could have supplemented.
He made a complaint about his treatment in prison which was investigated by the Resident Magistrate, Mombasa, in his capacity as a visiting Justice of the prison. The Resident Magistrate considered that such action as had been taken against Mr. Davidson was in the proper execution of duty, and ordered that Mr. Davidson submit in future to proper prison discipline. I do not propose to take any action in the matter.
§ Mr. Fenner BrockwayMay I ask the right hon. Gentleman whether Lieut.-Commander Struan Robert Davidson was not a resident in Kenya, whether he had not left that country temporarily, and whether he was not unaware that an immigration permit was necessary? If charges have been made against him, could he not have been tried in court before being deported in this way?
§ Mr. LytteltonHe was convicted in court of offences against the Immigration Control Ordinance.
§ Mr. BaldwinIs my right hon. Friend aware that not only is it important to deport agitators from Kenya, but that it is also important to take steps to stop them entering Kenya, and that if such action had been taken 12 months ago many innocent people might now be alive?
§ Mr. Fenner BrockwayMay I ask the right hon. Gentleman whether there is any suggestion that Lieut.-Commander Davidson is an agitator in the sense used by the hon. Gentleman opposite?
§ Mr. LytteltonI prefer to confine myself to the answer which I have given to the hon. Member. Mr. Davidson was convicted for offences under the Immigration Control Ordinance.
§ Mr. Gordon WalkerWas he detained in prison after the expiry of his sentence, and, if so, is that not really an extraordinary state of affairs?
§ Mr. LytteltonIt was done under the law.
§ Hon. Members: What law?
§ Mr. Fenner BrockwayIn view of the unsatisfactory nature of the reply, I beg to give notice that I shall raise this matter on the Adjournment.