HC Deb 24 November 1920 vol 135 cc478-86W
Major HAYWARD

asked the Under-Secretary of State for the Colonies whether any Acts or Regulations are in force in any of the Crown Colonies regulating the holding of public meetings; if so, what are they; what is their nature; and to which of the Crown Colonies do they apply?

Major ENTWISTLE

asked the Under-Secretary of State for the Colonies whether any Acts or Regulations are in force in any of the Crown Colonies providing for deportation; if so, what are they; what is their nature; and to which of the Crown Colonies do they apply?

Mr. ACLAND

asked the Under-Secretary of State for the Colonies (1) whether any Acts or Regulations are in force in any of the Crown Colonies affecting printing and publishing; if so, what are they; what is their nature; to which of the Crown Colonies do they apply;

(2) whether any Acts or Regulatinos are in force in any of the Crown Colonies giving powers of search; if so, what are they; what is their nature; and to which of the Crown Colonies do they apply?

Lieut.-Colonel AMERY

There are several laws of the kind described in force in the Colonies and Protectorates. It is not practicable to summarise the nature of the relevant provisions in the various laws, but I shall be happy to lend to the hon. Members a copy of any ordinance which they may wish to consult.

The following is a list of laws involved:—

Legislative Provisions relating to the Holding of Public, Meetings.

Gibraltar.

Summary Conviction Ordinance, 1885 (No. 4 of 1885) See Section 26.

Hong Kong.

(re Chinese). Regulation of Chinese Ordinance, 1888 (No. 3 of 1888). See Section 51.

Malta.

An Ordinance to make some provisions relating to public meetings and assemblies (No. XI of 1898).

Mauritius.

Penal Code (Ordinance No. 6 of 1838).

See Sections 211 and 212.

Seychelles.

Penal Code (Ordinance No. 10 of 1904).

Article 52.

Note.—In many Colonies provision exists giving the police power to regulate the conduct of public assemblies and processions, as, e.g., Kenya (late E.A.P.) Ordinance No. 4 of 1911, Section 74. Straits Settlements (Ordinance No. XIII of 1906), Section 6.

Legislation giving powers of Deportation: (i) generally; (ii) in respect of Aliens.

(i) Generally.

Bahamas.

See Section 4 (1) (b) of 17 of 1920—Immigrants Act.

Cyprus.

8 of 1879—Peace and Good Order Law. (Revised Edition, 1906.)

Fiji.

See Sections 5 and 6 of 7 of 1917—Immigrants Amendment Ordinance.

Gold Coast.

20 of 1916—Deportation of Suspects Ordinance.

Hong Kong.

25 of 1917—Deportation Ordinance.

Kenya.

East Africa Order in Council of 11th August, 1902, Articles 25 and 26.

Leeward Islands.

8 of 1920—Undesirable Persons Expulsion Act.

17 of 1920.—Undesirable Persons Expulsion Act (Re-enactment Act).

Nigeria.

Criminal Code (Ordinance 15 of 1916, as amended by 61 of 1917)—Sections 18 (8) (c-f) and 18 (9).

(ii) In respect of Aliens.

British Guiana.

1 of 1886—Aliens Ordinance. (Revised Edition, 1905.)

British Honduras.

Chapter 57—Undesirable Aliens Expulsion Ordinance. (Revised Laws, 1914.)

26 of 1919—Undesirable Aliens Expulsion Amendment Ordinance.

Ceylon.

15 of 1890, Section 15—Fortifications and Official Secrets Ordinance. (Revised Edition, 1913.)

Falkland Islands.

6 of 1919—Peace Preservation, South Georgia (Aliens) Ordinance.

Fiji.

13 of 1915, Section 3 (1) (c)—Aliens Restriction Ordinance.

Gibraltar.

Order-in-Council of 1885 (pp. 413–422 of Revised Laws, 1913, Vol. I)—Aliens Order-in-Council.

Order-in-Council of 1900 (pp. 423–424 of Revised Laws, 1913, Vol. I)—Aliens Order-in-Council (Extension Order-in-Council).

Gilbert and Ellice Islands.

See Western Pacific, 7 of 1915—Aliens Restriction Regulation.

Gold Coast.

21 of 1914, Section 2 (1) (c)—Defence of the Colony Ordinance.

Hong Kong.

See Section 3 (2) of 25 of 1917—Deportation Ordinance.

Jamaica.

6 of 1915, Section 2 (1) (c)—Aliens Restriction Law.

42 of 1920—Aliens (Expulsion) Law.

Kenya.

East Africa Protectorate Ordinance (12 of 1918), Section 2 (1) (c)—Aliens Restriction Ordinance.

Malta.

1 of 1899—Aliens Law.

13 of 1899—Aliens Amendment Law.

4 of 1900—Aliens Amendment Law.

Mauritius.

34 of 1909—Banishment Ordinance.

8 of 1910—Banishment Amendment Ordinance.

Nigeria.

13 of 1914, Section 2 (1) (c)—Aliens Restriction Ordinance.

Saint Lucia.

Chapter 36—Banishment of Aliens Ordinance. (Revised Ordinances, 1916.)

Saint Vincent.

10 of 1912—Aliens Ordinance.

Sierra Leone.

2 of 1920—Deportation of Aliens Ordinance.

Straits Settlements.

18 of 1915—Banishment Ordinance.

Trinidad and Tobago.

15 of 1912—Aliens Ordinance.

Turks and Caicos Islands.

3 of 1916, Section 2 (1) (c)—Aliens Restriction Ordinance.

Note.—Certain powers of deportation are contained in the Orders-in-Council of the 26th October, 1896, and 21st March, 1916, for the use in Colonies in times of emergency.

Legislation relating to Printing and Publishing.

Antigua.

2 of 1883—Printing and Publishing of Newspapers Act.

8 of 1883—Printing and Publishing of Newspapers Act Amendment Act.

17 of 1899—Printing and Publishing of Newspapers Amendment Ordinance.

5 of 1909—Newspaper Surety Ordinance.

Bahamas.

25 of 1909—Printing of Papers and Books Act.

28 of 1919—Seditious Publications Prohibition Act.

Barbados.

3 of 1900—Registration of Newspapers Act. (Revised Edition, 1912.)

British Guiana.

4 of 1839—Newspaper Ordinance. (Revised Edition, 1905.)

British Honduras.

Chapter 127—Newspaper Ordinance. (Revised Laws, 1914.)

Ceylon.

5 of 1839—Printing and Publishing of Newspapers Ordinance. (Revised Edition, 1913.)

1 of 1885—Preservation and Registration of Books Printed in Ceylon Ordinance. (Revised Edition, 1913.)

16 of 1902—Printing Presses Regulation Ordinance. (Revised Edition, 1913.)

Dominica.

89 of 1848—Printing and Publishing of Newspapers Act.

3 of 1909—Newspaper Surety Ordinance.

Fiji.

4 of 1895—Newspaper Registration Ordinance. (Revised Edition, 1905.)

Gambia.

1 of 1888—Publications Ordinance. (Revised Edition, 1916.)

Gibraltar.

1 of 1869—Press Ordinance. (Revised Laws, 1913.)

Gold Coast.

8 of 1894—Newspaper Registration Ordinance. (Revised Edition, 1910.)

14 of 1897—Book and Newspaper Registration Ordinance. (Revised Edition, 1910.)

Grenada.

6 of 1920—Seditious Publications Ordinance.

Hong Kong.

4 of 1886—Printers and Publishers Ordinance. (Revised Laws, 1912.)

2 of 1888—Colonial Books Registration Ordinance. (Revised Laws, 1912.)

15 of 1907—Chinese Publications (Prevention) Ordinance. (Revised Laws, 1912.)

6 of 1914—Seditious Publications Ordinance.

6 of 1915—Seditious Publications (Possession) Ordinance.

Jamaica.

2 of 1887—Preservation and Registration of Books Law.

Kenya.

20 of 1906—Book and Newspaper Registration Ordinance (E.A.P.).

Leeward Islands.

9 of 1920—Seditious Publications (Prohibition) Act.

Malta.

14 of 1889—Publications Ordinance.

Mauritius.

11 of 1893—Registration and Preservation of Books Printed in Mauritius Ordinance. (Revised Laws, 1905.)

Montserrat.

2 of 1909—Newspaper Surety Ordinance.

4 of 1910—Newspaper Surety Amendment Ordinance.

Nigeria.

40 of 1917—Newspaper Ordinance.

16 of 1918—Newspaper Amendment Ordinance.

Saint Christopher and Nevis.

7 of 1877—Printing and Publishing of Newspapers Act.

3 of 1909—Newspaper Surety Ordinance.

2 of 1919—Newspaper Surety Amendment Ordinance.

Saint Helena.

2 of 1851—Printing and Publishing of Newspapers Ordinance.

Saint Lucia.

Chapter 105—Newspapers Publication Ordinance. (Revised Ordinances, 1916.)

12 of 1920—Seditious Publications Ordinance.

Saint Vincent.

196 of 1863—Newspaper Ordinance. (Revised Edition, 1912.)

19 of 1920—Seditious Publications Ordinance.

Seychelles.

17 of 1898—Seychelles Newspapers Ordinance.

26 of 1899—Seychelles Newspapers Amendment Ordinance.

Sierra Leone.

1 of 1887—Publications Ordinance. (Revised Edition, 1909.)

21 of 1910—False Publications Ordinance.

Straits Settlements.

15 of 1886—Book Registration Ordinance.

11 of 1915—Seditious Publications (Prohibition) Ordinance.

5 of 1920—Printing Presses Ordinance.

Trinidad and Tobago.

Chapter 112—Newspaper Ordinance. (Revised Ordinances, 1905.)

10 of 1920—Sedition Ordinance.

Virgin Islands.

3 of 1909—Newspaper Surety Ordinance.

Note.—In the case of some Colonies, the publication of seditious words or writings is made a punishable offence under the Criminal Code. References to such provisions have been omitted in the above list.

Legislative Provisions relating to Powers of Search.

Barbados.

Peace Preservation Act, 1919 (No. 8 of 1919). See Section 3 (1).

Bermuda.

Criminal Code, 1907 (Act 13 of 1907). See Chapter LXI.

British Guiana.

Indictable Offences (Procedure) Ordinance, 1893 (No. 19 of 1893). See. Section 50.

Summary Conviction Offences (Procedure) Ordinance, 1893 (No. 12 of 1893). See Section 10.

British Honduras.

See footnote.

Ceylon.

Criminal Procedure Code, 1898 (Ordinance 15 of 1898). See Sections 68–79.

Falkland Islands.

Summary Jurisdiction Ordinance, 1902 (No. 5 of 1902). See Section 21.

Fiji.

Stipendiary Magistrates Ordinance, 1876 (No. 1 of 1876). See Sections 23–26.

Gold Coast.

Criminal Procedure Ordinance, 1876 No. 5 of 1876). See Sections 20 and 21.

Peace Preservation Ordinance, 1897 (No. 6 of 1897). See Section 6.

Grenada.

Criminal Procedure Code (Cap. 173, Revised Laws, 1911). See Sections 17 and 20.

Hong Kong.

Peace Preservation Ordinance, 1886 (No. 10 of 1886). See Section 9.

Jamaica.

See footnote.

Kenya (late East Africa Protectorate).

Criminal Procedure Ordinance, 1913 (No. 6 of 1914). See Sections 79–81 and 84–86 (also Section 31).

Leeward Islands.

See footnote.

Malta.

Criminal Laws (Edition of 1914). See Articles 349–351 (also Article 359).

Mauritius.

District Court (Criminal Jurisdiction.) Ordinance, 1888 (No. 23 of 1888). See Sections 31–35.

Police (Amendment) Ordinance, 1913 (No. 47 of 1913). See Sections 8–10.

Nigeria.

Criminal Procedure Ordinance, 1914 (No. IX. of 1914). See Sections 19 and 20.

Peace Preservation Ordinance, 1917 (No. XV. of 1917). See Section 8.

Saint Lucia.

Code of Criminal Procedure (Ordinance No. 102, Revised Edition of 1889). Section 124, as amended by Section 334 of Ordinance No. 25 of 1918.

Saint Vincent.

Indictable Offences (Magistrates Procedure) Ordinance, 1911 (No. 21 of 1911). See Section 5.

Summary Conviction Offences (Procedure) Ordinance, 1911 (No. 22 of 1911). See Section 10.

Seychelles.

Seefootnote.

Sierra Leone.

Summary Conviction Offences Ordinance, 1906 (No. 20 of 1906). See Section 16.

Straits Settlements.

Criminal Procedure Code, 1910 (Ordinance No. X. of 1910). See Sections 61–71 (also Sections 23 and 24).

Trinidad and Tobago.

Indictable Offences (Preliminary Inquiries) Ordinance, 1917 (No. 12 of 1917). See Section 5.

Summary Conviction Offences (Procedure) Ordinance, 1918 (No. 9 of 1918). See Section 38.

Turks and Caicos Islands.

Magistrates' Code of Procedure Ordinance, 1899 (No. 4 of 1899). See Section 29.

Note.—In British Honduras, Jamaica, Leeward Islands, Seychelles, and also many of the other Colonies included in the foregoing list, provisions giving powers of search are to be found in various Acts or Ordinances dealing with such subjects as Customs, Explosives, Firearms, Prevention of Crime, Stolen Property, etc., etc. For an example of provision as to powers of search in respect of firearms or ammunition, see Section 18 of Ordinance No. 15 of 1920, of Saint Vincent.

Major ENTWISTLE

asked the Under-Secretary of State for the Colonies whether any Acts or Regulations are in force in any of the Crown Colonies providing for imprisonment without trial; if so, what are they; what is their nature; and to which of the Crown Colonies do they apply?

Lieut.-Colonel AMERY

So far as I am aware, no such Acts or Regulations exist.