§ 32. Major Wilkes.asked the Secretary of State for the Colonies whether he is aware that under the January, 1945, Defence Regulations for Palestine, the onus of proof is shifted to the defendant, who may be called upon to prove that he is not a member of any secret society; that the G.O.C. can set up military courts consisting of one commissioned officer only, with wide powers of trial over civilians and empowered to pass long sentences of imprisonment; and what emendation of these regulations he intends to make.
Mr. Creech JonesAs regards onus of proof, I understand that Regulation 8 of the Defence (Emergency) (Amendment) Regulations, to which my hon. Friend evidently refers, makes no change in the existing law The summary military courts which may be set up under Regulation 4 have only limited powers of punishment. These Defence (Emergency) Regulations were made by the High Commissioner in his unfettered discretion, in virtue of the powers vested in him by the Palestine (Defence) Order in Council,212W 1937, as being in his view essential for the protection of life and property in the conditions now prevailing. In view of the present situation in Palestine, the High Commissioner cannot be asked to consider their amendment.