REPRESENTATION OF FOREIGN POWERS (CONTROL) ORDINANCE

REPRESENTATION OF FOREIGN POWERS (CONTROL) ORDINANCE

CHAPTER 191.

REPRESENTATION OF FOREIGN POWERS
(CONTROL).

To control persons, other than accredited representatives of
foreign states, in the discharge in the Colony of functions
on behalf of the Governments of foreign states or on
behalf of other foreign Political organizations.

[4th November, 1949.]

1. This Ordinance may be cited as the Representation
of Foreign Powers (Control) Ordinance.

2. In this Ordinance-
'accredited representative' means a person who by notice in
the Gazette has been recognized by the Governor as the
representative of a foreign state ;
'foreign power' means any of, or a combination of any of,
the following, namely-
(a)the government whether legal or de facto of any
foreign state;
(b)any organization which in the opinion of the
Governor is either politically associated with con-
trolled by' or in political opposition to any such
government ; but does not include any international
organization of which the United Kingdom is a
member;
'foreign state- means any territory except-
(a) Republic of Ireland;
(b)the territory of any member of the Commonwealth;
and
(c)any territory mandated or under trusteeship to or
administered by any such member;
'function' means to perform any act or do any thing.

3. No person shall function on behalf of any foreign
power without the consent of the Governor : Provided that
this section shall not apply-
(a) to the accredited representative of any foreign state;
(b) to any person exempted by order of the Governor;
(c) to such members of the staff of an accredited repre-
sentative as are in possession of a valid and sub-
sisting certificate of exemption.





4. The consent of the Governor required by section 3
may be given subject to such condition or limitation what-
soever as the Governor may see fit to impose and shall in
any event be revocable at will. Such consent may be signi-
fied under the hand of the Colonial Secretary or the Deputy
Colonial Secretary.

5. A. certificate of exemption for the purposes of para-
graph (c) of the proviso to section 3 shall be issued under the
hand of the Colonial Secretary and shall be valid for the
period therein specified (including any period for which it is
renewed) but shall in any event be liable to cancellation by
the Colonial Secretary at any time and without reason
assigned.

6. (1) Whenever it shall appear to the Governor, on
such evidence as he may deem sufficient, that any person is
reasonably suspected of having contravened or of intending
to contravene the provisions of section 3 he may by warrant.
under the hand of the Colonial Secretary authorize the search
of any premises vessel or place upon or in which such person
resides or carries on business or is suspected of having con-
travened or having intention to contravene the provisions of
section 3 and such warrant shall be sufficient authority to any
police officer of or above the rank of inspector to enter at any
time any premises vessel or place named in the warrant, if
necessary by force, and to search such premises vessel or
place and any person found thereon and to seize anything
which he may find on such premises vessel or place or on any
such person which he considers to be evidence that an offence
against this Ordinance has been or is about to be committed.

(2) The issue of a warrant under the preceding sub-
section shall be sufficient authority for the police officer
executing such warrant to seal any place or premises named
in the warrant and to affix at the entrance to such place or
premises a notice that such place or premises are sealed by
virtue of the powers accorded by this section. Any person
thereafter entering such premises or place without lawful
authority or excuse shall be guilty of an offence and on sum-
mary conviction shall be liable to a fine of three thousand
dollars and to imprisonment for three yars.





(3) If the person reasonably suspected is a firm,
corporation, association or other organization of persons the
expression 'such person' in subsection (i) shall include the
partners of such firm and the directors and officers of such
corporation and the officers of such association or organiza-
tion.

7. (1) Any person contravening the provisions of
section 3 shall be guilty of an offence and on conviction upon
indictment shall be liable to a fine of ten thousand dollars
and to imprisonment for five years.

(2) Where a person convicted of an offence against this
Ordinance is a body corporate, the chairman and every
director and every officer of such body corporate at the time
such offence was committed shall be guilty of that offence,
unless he proves that the act or omission constituting the
offence took place without his knowledge or consent.

A prosecution for an offence under this section shall
not be instituted except by or with the consent of the Attorney
General.
47 of 1949. Short title. Interpretation. Regulation of persons who may function on behalf of any foreign power. Consent of Governor. Signification. Certificate of exemption. Power of Governor to authorize search and seizure. Penalties Consent to prosecution.

47 of 1949. Short title. Interpretation. Regulation of persons who may function on behalf of any foreign power. Consent of Governor. Signification. Certificate of exemption. Power of Governor to authorize search and seizure. Penalties Consent to prosecution.

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