File 791/1904 Pt 4 'Orders-in-Council: deportation to India of British Indian subjects convicted in Siam, Zanzibar, Jedda and Egypt' [‎204r] (205/250)

No. in OF 1905.
GOVERNMENT OF INDIA.
foreign department,
external.
The Right Hon’ble St. JOHN BRODRICK,
1 x
■'tMUsos):
i-r 1 * H >’•
Majesty's Secretary of State for India.
Simla, the loth June 1005.
Sir,
We have the honour to forward herewith copies of the correspondence
cited m the enclosed list, regarding the maintenance charges of two prisoners
convicted by His Britannic Majesty’s Court, Siam, who were transferred with
our consent, for imprisonment in a jail in this country owing to the lack of
sentences^ atl0n ^ ^ ConSular *^ ail at BaD S kok for prisoners undergoing long
2. His Majesty’s Minister at Bangkok is of opinion that the charge
should be borne by the Government of India, and he bases his contention on
the following quotation from a despatch No. 6 of 26th July 1904, from the
± oreign Office to the Acting Judge, His Majesty’s Court for Siam
. “ Bord Lansdowne concurs in your view that the cost of the convict’s
maintenance, while undergoing sentence at Singapore, should be defrayed from
the Colonial Funds, provided he is a native or resident of that colony ”
In view of this expression of opinion by His Majesty’s Government, he
requests our recognition of the general principle that the maintenance of
na tives or re sidents of India returned thither from Siam, as convicts, should be
chargeable to Indian Funds.
3. We are unable to agree with Mr. Paget that the ruling which he quotes
should be considered to have any general application, as, in the first place,
the case to which it refers, namely, that of a prisoner undergoing sentence at
Singapore, must have presented special features owing to the fact that,
under the terms of the Siam Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , the Court for Siam is
subordinate in some respects to the Supreme Court at Singapore. In the
second place, we feel confident that, if His Majesty’s Government had
contemplated the possibility of their ruling being held to be applicable to
the case of convicts transferred to India from Siam, we should have been
afforded an opportunity of representing to you the views which we hold on the
question.
4. We are strongly of opinion that the charges in such cases as the present,
for the maintenance of prisoners who may be natives of India, should be defrayed
from funds at the disposal of the convicting Court, and not from Indian
revenues; and, in the event of our views not being accepted, we should be
reluctant, in future, to accord the permission, which is required under section
56(1) of the Siam Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , for their transfer to Indian jails.