§ Mr. Brockwayasked the Secretary of State for the Colonies which colonial Governments have agreed that judicial 142W process shall precede deportation and rustication; which have agreed that judicial process shall precede deportation but not rustication; and which have declined to agree to judicial process prior to either deportation or rustication.
§ Mr. LytteltonAll colonial Governments retain the right to deport aliens at their discretion. As regards British subjects and protected persons, the Governments of the following territories either have legislation requiring judicial process before either deportation or rustication (where applicable), or have agreed to legislate to that effect:
Barbados, Bermuda, British Honduras, Cyprus, Falkland Islands, Gambia, Gold Coast, Hong Kong, Jamaica, Kenya, Leeward Islands, Mauritius, North Borneo, St. Helena, Seychelles, Singapore, Trinidad, Uganda, Western Pacific, Windward Islands, Zanzibar.
(In Malta there is no power to deport persons belonging to the territory, and deportations of others are, in practice, preceded by judicial process.)
The Governments of the following territories are similarly placed as regards deportation, but not rustication:
Fiji, Nigeria, Northern Rhodesia, Nyasaland, Sierra Leone, Somaliland, Tanganyika Territory.
The Governments of Aden, Bahamas, British Guiana, Brunei and Sarawak have not so far agreed to legislate in this sense as regards either deportation or rustication, but of these only Brunei has the power to deport persons belonging to the territory.
As has been previously stated, it is considered that in the special circumstances of the territories concerned, the Governments of the Federation of Malaya and of Gibraltar should retain the power to deport without prior judicial process.