ABSTRACT

When the Great War broke out, comprehensive restrictions on freedom of movement were applied. The Aliens Restriction Act of 1914 was passed on 5 August, in one day, with four and a half columns of debate dedicated to it in Parliament. There was virtually no opposition to removing the right of asylum, although the Attorney General stated that the Act would not be enforced against political refugees (Morgenstern, 1949, pp 339, 346). One observer has noted that it is in this Act that one can see the level of power granted to the executive right down to his day (Gainer, 1972, p 207). Modelled on the legislation of 1803, the 1914 Act introduced powers for Orders in Council to be made concerning any aliens, not just enemy aliens. Such powers included prohibiting them from landing, prohibiting embarkation for departure, imposing conditions or restrictions on their stay, requiring them to remain in certain areas and prohibiting them from entering certain areas. It gave powers of arrest, detention and search to persons named in an Order in Council. Penalties were imposed upon persons who aided and abetted the contravention of the Act. The Act also stipulated that all aliens register with the police. An Order in Council issued under the 1914 Act gave powers to the Home Secretary to refuse entry and to deport any person whose presence in the UK he deemed not to be conducive to the public good (Dummett and Nicol, 1990, pp 106-07; Fraser, 1940, pp 38-39). Registration of aliens enabled the identification and location of residents thought to be enemy aliens. In September 1914, the Home Office and the War Office decided to intern all Germans between the ages of 17 and 55. Some 20,000-25,000 persons were arrested to the extent that accommodation became scarce and forced the suspension of the policy for some time. Eventually, some 29,000 people were interned in the UK, including Germans, Austro-Hungarians, Turks and some Africans from German colonies (Dummett and Nicol, 1990, p 107; Panayi, 1993).