DEPORTATION (COMMONWEALTH CITIZENS) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Power to make deportation orders

   4   Power to make restriction orders

   5   Power to make security orders

   6   Procedure for making orders

   7   Service d notice and arrest

   8   Powers of Judge

   9   Detention in custody pending decision

   10   Contents of orders

   11   Execution of orders

   12   Expenses

   13   Persons undergoing sentence

   14   Revocation and variation of orders

   15   Penalties for breach of orders

   16   Penalty for harbouring

   17   Institution of proceedings

   18   Evidence

   19   Regulations

 

THE DEPORTATION (COMMONWEALTH CITIZENS) ACT

[Date of Commencement: 11th July, 1942]

Cap 96.

Act 8 of 1962.

1   Short title

   This Act may be cited as the Deportation (Commonwealth Citizens) Act.

2   Interpretation

   (1) In this Act, unless the context otherwise requires-

   "convicted person" means a person in respect of whom any Court certifies to the Minister that he has been convicted, either by that Court or by any inferior Court from which his case has been brought by way of appeal, of any offence punishable with imprisonment, otherwise than only in default of payment of a fine;

   "dependant" in relation to another person means-

   (a)   the wife of such person if she is not living apart from him under a decree of a competent Court or a deed of separation; or

   (b)   the child or step-child under the age of sixteen years, of such person; or

   (c)   an adopted child under the age of sixteen years, having been adopted by such person in a manner recognised by law;

   "deportation order" means an order requiring the person in respect of whom it is made to leave and remain out of the Island;

   "destitute person" means a person who is, or is likely to be, a charge upon public funds by reason of mental or bodily health or of insufficiency of means to support himself and his dependants. (if any);

   "Judge" means a Judge of the Supreme Court sitting in Chambers, or a Resident Magistrate who is specially authorised by the Minister to enquire and report in respect of any matter under this Act;

   "person charged" means a person in respect of whom it is alleged that there are grounds for making a deportation order of restriction a order or security order under this Act and includes a person in respect of whom such an order has been made;

   "prohibited immigrant" means a person who has entered the Island contrary to the provisions of the Immigration Restriction (Commonwealth Citizens) Act;

   "restriction order" means an order prohibiting the person in respect of whom it is made from entering or leaving, an area within the Island without the consent of the officer specified in the order;

   "security order" means an order requiring the person in respect of whom it is made to give security in one or more sureties in such amount and for such time as may be therein specified to keep the peace and to be of good behaviour, or for indemnifying public funds for all costs, charges and expenses incurred id his regard, or for both such purposes, as may be appropriate in the case;

   "undesirable person" means a person: who is or has been conducting himself so as to be dangerous to peace, good order, good government, or public morals.

   (2) For the purposes of this Act person shall be deemed to belong to the Island if he is a Commonwealth citizen and-

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