1096 ADMINISTRATION AND LEGISLATION [PART V
the Colonies all Indians who had not already acquired a legal
right to be there. Another section of the Act gave an abso-
lutely discretionary power to the minister to remove from
the Colony any person deemed on reasonable grounds to be
dangerous to the peace, order, and good government of the
Colony. The Imperial Government assented to the law in
a telegram of November 27. 1907.) which runs as follows -—
November 27. No. 1. Your dispatch, September 9. The
Immigrants Restriction Act, provisions of which are in some
respects unusual, has received very careful consideration
from His Majesty’s Government. They note with some
regret that your Ministers have not been content to rely on
an education test for exclusion of undesirables and that
practical effect of s. 2, subsection 4, will be to exclude all
Asiatics, irrespective of their personal qualifications. In
view of the past history of this question and the special
circumstances of the Transvaal, they are nevertheless pre-
pared to accept this provision, in the hope that exclusion
of further Asiatic immigration will result in more favourable
treatment of Asiatics now lawfully resident in the Colony.
They assume that grant of temporary permits under Asiatic
Law Amendment Act, s. 17, will not be discontinued, and they
desire from your Ministers specific assurance that there is no
intention of refusing access as visitors to ruling chiefs, Indians
of distinguished position, or high officials of Asiatic descent.
By s. 6, subsection b, powers of expulsion of an unusually
wide and unrestricted character applicable to foreigners and
British subjects alike are conferred on the Executive. His
Majesty’s Government believe that no precedent for such
powers exists in the legislation of any responsibly-governed
dominion. Even the Peace Preservation Ordinance, passed
under abnormal circumstances after prolonged war, does
not confer actual power of expulsion. The exercise of such
power by executive without intervention of judicial authori-
ties is liable, in cases of subjects of foreign Powers, to give
rise to very serious difficulties and, in case of British subjects,
is contrary to traditional principles of policy. His Majesty’s
Government feel that these considerations have probably not
been fully brought home to your Ministers, and hope that
they will be prepared on reflection to put some limit on power
conferred by this subsection on the Executive. They ask
for assurance that legislation will be introduced limiting this
power to persons convicted of some offence, or at any rate
* Parl. Pap., Cd. 3887, p. 58.
