Foley v Ryder [1906] HCA 61

422 HIGH COURT {1906,

H.C. or A. Parliament left it perfectly open whether the deportation of the ae islander was to be to the island whence he came, or to some other Rosrenuzs Place. However that may be, we haye only to determine whether Bruvax, the power to deport does not in itself include the power of choosing the place of deportation and the means of deportation in order that the exercise of the power shall be effectual. Apply- ing the principles that I have alluded to, it is clear to my mind that, the power to exclude and the power to deport being in the Commonwealth Parliament, the power of deciding what shall be an effective form of deportation must rest with them. They have the right, if they wish, to leave the question of the mode or place of deportation to the discretion of the government. For these reasons I am of opinion that the magistrate was right in his conclusion, and was justified in making the order that he made, and that it was within the power of the Commonwealth to pass the Act under which he adjudicated.

O'Connor J.

Appeal dismissed.

Dinector eh Solicitor, for the appellant, A. W. Bale.

Solicitors, for the respondent, Chambers & McNab. N..GiBy

(HIGH COURT OF AUSTRALIA.]

RYDER 2 . EB 2 : 7 a APPELLANT;

(Nominat DEFENDANT), AND

FOLEY. F i : 'i é . Responpent. PLAINTIFF,

Ria ek ON APPEAL FROM THE SUPREME COURT OF

"ipheliina QUEENSLAND.

1906.

——~ Police oficer—Tenure of ofice—Who may dismiss—* Government," meaning of — BRISBANE, Wrongful dismissal.

Oct. 3, 4, 6. 4 ihe By sec. 6 of the Police Act 1863 it is provided that the Commissioner of

Griffith O.J., Police 'shall appoint fit and proper persons to fill such vacancies as may here-

I Barton and " OConnor3J. _after occur among the sergeants and constables of the police force, and upon

lee Wer ae ais Sat at

40LR] OF AUSTRALIA.