§ 32. Mr. W. Wellsasked the Secretary of State for the Colonies whether he is aware that the Government of Northern Rhodesia seek the advice of the High Court of that Colony before exercising their power to expel a person from the territory; and whether he will take steps to discontinue this practice.
§ Mr. LytteltonThe hon. Member is, I think, referring to Section 34 (3) of the Northern Rhodesia Penal Code, which provides that where it is shown on oath to the satisfaction of the High Court that a person is conducting himself in certain58W undesirable ways, the Court may recommend to the Governor that such person be deported.
In exercising these powers the Court is performing a judicial function, and for the Government to secure an impartial investigation into fact does not, in my view, amount to seeking the advice of the judiciary in executive matters. Similar powers are given to the courts in this country by Section 12 of the Aliens Order, 1920.