IMMIGRANTS CONTROL ORDINANCE

IMMIGRANTS CONTROL ORDINANCE

CHAPTER 243.
THE IMMIGRANTS CONTROL ORDINANCE.
ARRANGEMENT OF SECTIONS.
PART I-IMMIGRATION PROCEDURE.
Section Page
1. Short title ............................ ... ... ... ... ... 462
2. Interpretation ............................. ... ... ... ... 462
3. Appointments ............................... ... ... ... ... 463
4. Prohibition of entry except at specified points and with
permission ......................... 463
5. Procedure on arrival of vessels ........... ... ... ... ... 464
6. Prohibition of removal of articles before examination ... 464
7. Duties of masters of vessels and captains of aircraft ... 464
8. Directions to prevent evasion .............. ... ... ... 465
9. Interrogation of travellers ............ ... ... ... ... ... 465
10. Places of examination ..................... ... ... ... ... 466
11. Undesirable immigrants .................... ... ... ... ... 466
12. Authorized landing places and points of entry ... ... 469
13. Powers of Immigration Officer ............. ... ... ... 469
14. Release of detained person on recognizance ... ... ... 470
15. Conditional landing or entry ........... ... ... ... ... 470
16. Master of vessel may detain by force ... ... ... ... 470
17. False representation as member of a crew... ... 471

PART II-PASSPORTS AND TRAVEL DOCUMENTS.
Prohibition of entry without valid documents --- ... 471
19. Possession of valid documents vests no right to enter 471
20. Validity of documents ..................... ... ... ... 471
21. Transit visas ............................. ... ... ... ... 472
22. Possession of passport, etc., which is forged, etc . ... ... 472
23. Discretion to limit period of stay ..... ... ... 472

PART III-ALIENS.
24. Declaration may be required of alien ... . . ... ... 472
25. Registration requirements .............. ... ... ... ... 473
26. Production of documents on demand ......... ... ... ... 473
27. Obligations of keepers of residential accommodation ... 474
28. Obligation on occupier of premises to which section 27 does
not apply ................................ ... ... ... 474

PART IV-CREW OF VESSELS AND AIRCRAFT.
29. Permission for entry or discharge. Security ... ... ... 474
30. Exemption of certain aliens from residential provisions 475
PART V-REGISTRATION OF IMMIGRANTS
OTHER THAN ALIENS.
31. Part V only to be enforced on Governor's proclamation 475
32. Return to Commissioner of Police when required ... ... 475
33. Power to require attendance ............ ... ... ... ... ... 475

PART VI-GENERAL.
34. General penalty ........................... ... ... ... ... 476
35. Governor in Council empowered to make regulations ... 477
36. Appeal to Governor in Council ............. ... ... ... 477





CHAPTER 243.

IMMIGRANTS CONTROL.

To control the entry into, exit from and movement within
the Colony of persons not born therein.

[1st April, 1949.]

PART I

IMMIGRATION PROCEDURE.

1. This Ordinance may be cited as the Immigrants
Control Ordinance.

2. (1) In this Ordinance-
'alien' means any person who is unable to produce a
certificate, passport or other evidence to the satisfaction
of the Immigration Officer, that he is a natural born
or naturalized British subject, or a British protected
person (as defined in the British Nationality Act, 1948) ;
'crew' means and includes every seaman on a vessel and
every person employed in the operation of an aircraft
or in any service rendered to the crew or passengers
in such aircraft while in flight;
'enter' means any entry into the Colony by sea, land or
air other than entry made for the purpose of complying
with this Ordinance or an entry expressly or impliedly
sanctioned by the Immigration Officer for the purpose
of inquiry or detention ;
'immigrant' means any person other than a person born
in the Colony and in possession of documentary proof
of such birth ;
'immigration examination signal' ineans such signal as the
Governor in Council by regulation prescribes for ships
which arrive in the Colony;
'master' means any person, except a pilot, having com-
mand of any vessel and the captain of any aircraft;
'passenger' means any person carried in a vessel or air-
craft, other than the master, captain or crew;
'Registrar of Aliens' means such officer as the Governor
may appoint to be Registrar of Aliens;
'seaman' means any person carried on the articles of a
vessel as a bona fide member of the staff employed in





the operation or service of such vessel and shall include
the master.

(2) Save where tile contrary expressly appears or other
provision is made by regulation any permit required by this
Ordinance may be given verbally or in writing.

(3) Whenever the detention of any person is authorized
by this Ordinance it shall be lawful for the Governor in
Council to make provision by regulation for the place and
the manner in which such detention shall be effected and
until provision is made by regulation such detention shall
be carried out in such place and manner as the Governor
inay by writing under his hand direct. Any person detained
in accordance with the provisions of this Ordinance shall
be deemed to be in lawful custody.

(4) This Ordinance shall have effect in relation to the
citizens of the Republic of Ireland who are not British
subjects in like manner as it has effect in relation to British
subjects.

3. (1) The Governor may appoint, by name or office,
any person to be the Immigration Officer for the Colony
and also such number of deputy immigration officers and
immigration control officers as he may think fit.

(2) The powers and discretions vested in the Immigra-
tion Officer hereunder and the duties required to be dis-
charged by him may be exercised and discharged by a
deputy immigration officer or an immigration control
officer : Provided that it shall be lawful for the Governor
in Council by regulation to provide that such powers and
discretions as may be specified in such regulation shall be
exercisable by the Immigration Officer only or shall not be
exercisable by an immigration control officer.

4. No person may enter the Colony save-
(a)at an authorized landing place or point of entry;
and
(b)under and in accordance with a permit of the
Immigration Officer.





5. (I) The master of every vessel which arrives in
the Colony shall hoist the immigration examination signal
and shall exhibit such signal until authorized by an Im-
migration Officer to haul it down.

(2) Every such master shall, if so ordered by the
Immigration Officer, anchor or tie up his vessel at such
place as may be ordered and shall remain there until the
Immigration Officer gives him permission to leave.

(3) Save under and in accordance with a permit of
the Immigration Officer no person other than the pilot or
the Port Health Officer shall leave or board any such vessel
until such vessel has been examined by the Immigration
Officer and the immigration examination signal has been
hauled down, nor may any person (other than the crews of
the vessels carrying the said officials) approach within thirty
yards of the vessel.

(4) The master shall detain on his vessel every person
on board until the vessel has been examined and may use
any means reasonably necessary for the purpose.

6. Except in accordance with a permit of the Im-
migration Officer, no article or thing shall be removed or
taken from, or put on board, any vessel until such vessel
has been examined by the Immigration Officer, under
section 7.

7. (1) The master of every vessel entering or leaving
the Colony shall, whenever required to do so by the Im-
migration Officer-
(a)exhibit to such officer a corhplete list of the officers
and crew;
(b)produce to such officer for inspection and interroga-
tion all the officers and members of the crew;
(c)submit to such search of his vessel as may be,
necessary to establish the presence or absence of
other persons on board;
(d) produce his ship's papers;
(e)report the presence of any deportee or stowaway
or any unauthorized person on board.

(2) In the case of passenger carrying vessels, the
master shall, in addition, produce-





(a)a complete list of all the passengers arranged
alphabetically, specifying their nationality, place
of birth, calfing or occupation, the ports or places
of their embarkation and the ports or places of
their disembarkation or intended disembarkation;
(b) all the passengers for inspection and interrogation.

(3) In the case of aircraft, the captain of the aircraft
shall land his aircraft at such places and during such
periods as the Governor may direct and signify by notifica-
tion in the Gazette.

(4) In the case of an aircraft, the captain shall, in
addition to the requirements of subsection (i), produce-
(a)a passenger list arranged as in paragraph (a) of
subsection (2) ;
(b)a complete list of the officers and crew of his air-
craft ;
(c) all the passengers for inspection and interrogation.

8. The Immigration Officer may give such instruc-
tions as may be necessary to ensure that no passenger or
member of a crew evades examination either of his person
or his effects. Contravention of such instructions shall be
an offence punishable on summary conviction by a fine of
two thousand dollars.

9. (1) Any person who arrives in the Colony or who
is about to leave the Colony by sea, air or land, shall fully
and truthfully answer all questions and inquiries put to him
by the Immigration Officer, notwithstanding that the
answers to any such question may tend to render such
person liable to any restriction whatsoever or tend to
incriminate him under this Ordinance, and shall disclose and
produce to any such officer on demand all documents in
the possession of such person tending directly or indirectly
to establish his identity, nationality or occupation, or bear-
ing on any of the restrictions in section II or on any
absolute or conditional liability on his part to any military,
naval or air force service in any country or state what-
soever.

(2) The Immigration Officer may require any person
who arrives in the Colony or who is about to leave the





Colony by sea, air or land to make and sign any prescribed
form of declaration.

(3) If any person arriving in the Colony refuses to
answer any questions put to him under this section or gives
unsatisfactory answers or refuses to make and sign any
prescribed form of declaration, the Immigration Officer may
prohibit him from landing and may in his discretion detain
him pending an opportunity to return him to his place of
embarkation or to the country of his birth or citizenship.

(4) All such answers and documents shall be admissible
in evidence in any proceedings under this Ordinance
against the person making, disclosing or producing the
same : Provided that nothing in this section shall be
construed as rendering any such answer inadmissible in any
other proceedings in which they would otherwise be
admissible.

10. Any person who arrives in the Colony or who is
about to leave the Colony by sea, air or land, shall, if so
directed by the Immigration Officer, proceed, at or before
such time as is directed by such officer, to such place or
places as such officer directs for further examination of his
case and shall remain at such place until permitted to leave
by the Immigration Officer.

11. (1) If, during the examination of persons arriving
in the Colony, or after such inquiry as may be necessary,
it is found that any immigrant-
(a)does not have the means of subsistence and is
diseased, maimed, blind, idiot, lunatic or decrepit
and may be hindered by his state from earning
a livelihood; or
(b)is unable to show that he has in his possession
the means of decently supporting himself and his
dependants, if any, until he obtains a livelihood;
or
(c)is a person likely to become a vagrant, beggar or
a charge upon any public or private charitable
institution ; or
(d)is. a person suffering from a contagious disease
which is loathsome or dangerous; or





(e) being a person required to be in possession of valid
travel documents is not in possession of such
documents or is in possession of forged or altered
travel documents or travel documents which do not
fully comply with any enactment in force; or
has been removed from any country or state by
the government authorities of any such country or
state for any reason whatever; or
(g)is suspected of being likely to promote sedition or
to cause a disturbance of the public tranquillity;
or
(h)is unable to show that he has definite employment
awaiting him or that he Has a reasonable prospect
of obtaining such employment or that he is a
person of independent means; or
(i)is a prostitute, a person living on the earnings of
prostitution or a person of known immoral charac-
ter; or
is not in possession of such certificates as may be
necessary under the quarantine regulations in
force; or
(k)is prohibited from entering the Colony under any
other enactment for the time being in force;
the Immigration Officer may prohibit such person from
landing in the Colony and may in his discretion detain
him until an opportunity arises to return him to his place
of embarkation or to the country of his birth or citizen-
ship.

(2) If any such immigrant refuses to answer any
questions put to him under this section or gives unsatis-
factory answers, the Immigration Officer may prohibit him
from landing and may in his discretion detain him pending
an opportunity to return him to his place of embarkation
or to the country of his birth or citizenship.

(3) If as a result of the exercise of the powers con-
ferred by the preceding subsections-
(a)an immigrant is prohibited from landing from a
vessel or aircraft, the master shall if so required
by the Immigration Officer remove him from the
Colony by the same vessel or aircraft; and
(b)an immigrant who has been detained in the Colony
has not been removed therefrom in accordance with





the preceding paragraph the master, agent and
consignee of the vessel or aircraft shall whether or
not any requirement has been made under the pre-
ceding paragraph be liable to pay to the Govern-
ment all costs incurred by the Colony for the
maintenance of and removal frorn the Colony of
such passenger.

(4) The master of a vessel or the captain of an aircraft
shall give to the Immigration Officer any information
relating to any person on board the vessel or aircraft
suspected of belonging to any of the classes mentioned in
subsection (I) as is reasonably required for the purposes
of this Ordinance, and shall answer to the best of his know-
ledge and belief all such questions touching such persons
as are put to him.

(5) If any person enters without permission of the
Immigration Officer-
(a)such person may be arrested without a warrant by
any police officer and shall be liable on summary
conviction to a fine of five thousand dollars and
to imprisonment for twelve months; and
(b)the master, owner and agent of the vessel or air-
craft by which such person was brought to the
Colony shall, unless he can satisfy a magistrate
that such entry was not due to any act or default
on the part of any of them or of any person
employed by any of them, be liable on summary
conviction to a fine of five thousand dollars; and
(c) the magistrate may, whether or not any such lastly
mentioned fine is imposed, make an order directing
that such person shall be returned as soon as
possible at the expense of the agent for the vessel
or aircraft to the place of embarkation or country
of birth or country of citizenship of such person.

(6) A copy of the lists required under section 7 shall
be furnished to the Irninigration Officer within forty-eight
hours after such arrival or departure, as the case may be,
by the master or other person in charge, owner and agent
of every vessel or aircraft which arrives in the Colony or
departs therefrom, and every such owner, master, person
or agent who fails to furnish such copy or who furnishes





any list or copy thereof which he knows, or could by the
exercise of reasonable diligence have ascertained, to be
false, shall be guilty of an offence.

12. The Governor may, by notificati on in the Gazette,
authorize such landin places or such points of entry on
the land frontier as he may consider necessary to carry out
the provisions of this Ordinance.

13. (1) The Immigration Officer or any police officer
authorized by him in writing in that behalf, either gen-
erally or for a particular occasion, may-
(a)detain for a period not exceeding four days for
further inquiries under this Ordinance any person
concerning whom he has reason to believe that
such further inquiries should be made;
(b)arrest and bring before a magistrate any person
whom he has reason to suspect of having con-
travened or attempted to contravene any of the
provisions of this Ordinance;
(c)search the person and property and effects of any
person whom it is lawful for such officer to detain
or arrest or who arrives in or is about to leave the
Colony : Provided that a female shall be searched
by a female, and that no person shall be searched
in a public place if he objects to being so searched;
(d)search any place or vessel (not being a ship of
war), aircraft, train or vehicle, in which such officer
has reason to suspect that there may be anything
which may be evidence of any contravention or
intended contravention of any of the provisions of
this Ordinance, or which may belong to or be in
the possession of or under the sole or partial control
of any person whom it is lawful for such officer
to detain or arrest;
(e)seize, remove and detain anything which appears
to be evidence of any contravention of the law or
which it is desirable to detain for further examina-
tion or which appears to belong to or to be in the
possession of or to be under the sole or partial
control of any person whom it is lawful for such
officer to detain or arrest.





(2) Such officer may-
(a)break open any outer or inner door of or in any
such place;
(b)forcibly enter any such vessel, aircraft, train or
vehicle and every part thereof;
(c)remove by force any person or material obstruction
to any arrest, detention, search, seizure or removal
which he is empowered to make;
(d)detain every person found in such place or on
board such vessel, aircraft, train or vehicle until
such place or vessel, aircraft, train or vehicle has
been searched.

(3) No person shall obstruct any detention, arrest,
search, seizure or removal which is authorized by this
Ordinance.

14. The Immigration Officer may in the exercise of his
discretion release a person detained under this Ordinance
upon his entering into a recognizance with or without
sureties, for a reasonable amount recoverable summarily as
a civil debt under the Magistrates Ordinance to appear
before the Immigration Officer for further inquiries at the
time and place mentioned in such recognizance or in the
case of the person detained being a person recently arrived
in the Colony for the return of such person to the place
whence he came. The liberty granted after recognizance
shall be subject to such conditions of residence and report
as the Immigration Officer thinks fit.

15. The Immigration Officer may by order, notice or
otherwise impose such conditions either general or special
in or upon the occasion of or subsequent to any permit
granted to an immigrant to enter, Whether for the purpose
of residence, sojourn or transient visit or for transhipment
at a port in the Colony and may at any time vary or add
to these conditions as he thinks fit.

16. A master of a vessel may use all reasonable means,
including force and restraint, to secure the continued
presence on board of any person who has not been permitted
to enter and while such person is so detained he shall be
deemed to be in legal custody.





17. Any person on board a vessel or aircraft who falsely
represents himself to an immigration officer to be a* member
of the crew and any member of such crew who aids and
abets or otherwise connives at such false representation may
be arrested without a warrant and shall be liable on summary
conviction to a fine of two thousand dollars or to imprison-
ment for six months.

PART II

PASSPORTS AND TRAVEL DocuMENTS.

18. No person may enter the Colony without either-
(a)a valid travel document which establishes the
identity and nationality of the holder and authorizes
him to travel to and to enter the Colony, issued and
indorsed, in the case of a British subject and British
protected person by a competent British official, and
in other cases by an official having authority to
issue and indorse such document in respect of the
person in question ; or
(b)a valid entry permit, certificate of residence or
frontier pass issued under this Ordinance:
Provided that the Immigration Officer may waive the require-
ments of this section in respect of a child under the age
of sixteen years or a person or class of persons.

19. The possession of valid travel documents shall not
be deemed to imply that the holder will be permitted to
enter as of right, nor, if he is permitted to enter, that he
will be permitted to remain ; nor shall it serve as an excuse
for disobedience of any order of removal, deportation,
expulsion or banishment made under any enactment for the
time being in force.

20. No travel document shall be deemed to be valid
unless it bears-
(a)an indication, either specific or in general terms,
not otherwise invalidated by any other indorse-
ment, that it is valid for Hong Kong; and
(b)in indication that it is still valid according to the
laws of the country or state by which it was issued;
and





(c)a photograph of the holder so affixed and authen-
ticated that removal of such photograph and
substitution by another is unlikely; and
(d)in the case of non-British subjects and non-British
protected persons, a visa granted by a British
consular officer, or where there is no consular
system, by a British official of similar authority and
status, which was granted not more than one year
before the arrival of the holder in the Colony and
is still within the period of its validity, and which
is either specifically or generally applicable to the
journey on which the holder is engaged or which
he has completed by his arrival in the Colony.

21. The holder of valid travel documents, which bear
a transit visa only, shall not remain in the Colony longer
than is reasonably necessary to enable him to tranship or
to find other means by which to proceed to his destination;
and if the visa is for direct transit, he shall proceed by the
most directand speedy means: Provided that the Immigra-
tion Officer may, for any reason which he shall deem
sufficient, grant an extension.

22. Any person who without lawful authority or excuse
has in his possession a passport, entry permit, certificate
of yesidence, frontier pass, a medical or other certificate
issued for travel purposes, or other travel document which
is forged, altered or false in any material particular shall be
guilty of a misdemeanor and shall be liable to a fine of
five thousand dollars and to imprisonment for twelve
months. [21 A

23. The Immigratioif Officer shall, at all times, have
discretion to limit the stay of any immigrant entering the
Colony. [22

PART III.

ALIENS.

24. Any alien arriving in or having entered the Colony,
on being required to do so by general or specific instruction
from the Immigration Officer, shall make a declaration as





to whether he is carrying or conveying any letters, written
messages or memoranda, or any written or printed matter,
including plans, photographs and other pictorial representa-
tions, and, if so required, shall produce such articles to the
Immigration Officer. [23

25. Every alien who has attained the age of sixteen
years shall comply with the following requirements as to
registration-
(a)he shall forthwith furnish to the Registrar of
Aliens such particulars and photographs as may
be prescribed by regulation;
(b) he shall within forty-eight hours of any occurr ence
affecting the accuracy of information already given
furnish to the Registrar of Aliens details of the
change;
(c)he shall, if he is about to change his residence,
notify to the Registrar of Aliens the details of such
change within forty-eight hours of the occurrence;
(d)he shall not leave the Colony, without notifying the
Registrar of Aliens of his intended departure;
(e)if he is granted a stay of three months or more he
shall obtain a registration book from the Registrar
of Aliens and comply with any conditions applicable
to him indorsed therein;
an alien who has no permanent residence must
report each address in the Colony at which he stays
to the Registrar of Aliens : Provided that if the
name and address of a British subject is supplied
as a guarantor, this condition may be relaxed by
the Registrar of Aliens within his discretion. [24

26. (1) Every alien shall on the demand of the
Immigration Officer or of any deputy immigration officer
or of any immigration control officer or of any police officer
or of any member of His Majesty's forces acting in the
execution of duty, either-
(a) produce his registration document; or
(b) produce a valid travel document; or
(c)give a satisfactory explanation of the absence of
either of such documents.

(2) If such alien fails to do so, he may be detained. [25





27. (1) It shall be the duty of the keeper of any
premises whether furnished or unfurnished where lodging
or sleeping accommodation is provided for reward, to keep
a record in such form as may be prescribed, of all persons
staying at the premises who are not under the age of sixteen
years.

(2) If so directed, the said keeper shall furnish to the
Registrar of Aliens such true returns as may be prescribed.

(3) It shall be the duty of every person (whether an
alien or not) staying at any such premises to sign, when so
required, a statement of his nationality and, if an alien, to
furnish and sign a statement of such other particulars as
may be prescribed.

(4) All registers so kept shall be available at all times
for inspection by the Registrar of Aliens or by any police
officer. [26

28. Where there is resident in any premises to which
section 27 does not apply, including hospitals, nursing
homes, schools and other institutions, any person whom the
occupier of the premises knows or has reasonable cause to
believe to be an alien, it shall be the duty of the occupier
to satisfy himself as far as he reasonably can that the pro
visions of this Ordinance with respect to the registration of
and reporting of his movements by that person have been
complied with and if he is not so satisfied to report the
presence of that person to the nearest police station within
forty-eight hours. [27

PART IV.

CREW OF VESSELS AND AIRCRAFT.

29. (1) No member of a crew who is an immigrant may
enter the Colony save under and in accordance with the
permit of the Immigration Officer.

(2) The Immigration Officer may in his absolute discre-
tion require security, whether by way of deposit or otherwise,
from the master, owner, charterer or agent or consignee of.
a vessel or aircraft, for the compliance by the members of
the crew of such vessel or aircraft with the terms of any





permit granted under subsection (i) and may refuse to
release the vessel or aircraft from examination until such
security is furnished.

(3) No member of a crew who is an immigrant may
be discharged or paid off in the Colony without the permit
of the Immigration Officer. In any instance of contraven
tion of this subsection and in any instance of contravention
by any member of a crew of the terms of a permit granted
under subsection (i), the master, owner, agent or consignee
shall be liable for the maintenance of the person concerned
until his repatriation and for the cost of such repatriation
to his place of birth or citizenship. [28

30. The provisions of Part III of this Ordinance, other
than sections 26, 27 and 28, shall not apply to an alien who
is a member of a crew unless he is discharged or paid
off. [29

PART V.

REGISTRATION OF IMMIGRANTS OTHER THAN ALIENS.

31. This Part shall be in force during such period or
periods as the Governor may from time to time by pro
clamation in the Gazette specify. [30

32. Every immigrant not registered as an alien under
Part III shall, when required, make and sign a return in
such form as may be prescribed and true to the best of his
knowledge and belief and shall deliver such return to the
Commissioner of Police at such time and place as the Com-
missioner of Police may direct. [31

33. If in any case it appears to the Commissioner of
Police, or any officer deputed by him to receive and record
such returns, that any return has not been duly made or
that it is incomplete or incorrect or requires verification, and
that it cannot be made, completed, corrected or verified
without the attendance of the person concerned, the Com-
missioner of Police may in his absolute discretion by a notice
served on such person require his attendance at such time
and place as may be specified in the notice, and every person
whose attendance is so required shall attend thereat on the





date and at the time specified in the notice and answer
truthfully to the best of his knowledge and belief such
questions as may be addressed to him by a police officer for
the purpose of making, completing, correcting or verifying
the return. Any notice referred to in this section may be
addressed to any person at his place of residence or business
and served by post. [32

PART VI.

GENERAL.

34. (1) It shall be an offence under this Ordinance to
contravene any of the conditions imposed in pursuance of
section. 15 or any of the following provisions of this
Ordinance-
sections 4 to 7
subsections (i) and (2) of section 9;
section io;
subsections (3) and (4) of section II
subsection (3) of section 13;
section 18;
sections 24 to 29
sections 32 and 33.

(2) Any regulation made under this Ordinance may
provide that a contravention thereof shall be an offence and
prescribe penalties therefor: Provided that no penalty so
prescribed shall exceed a fine of two thousand dollars and
imprisonment for six months.

(3) Any person guilty of an offence for which no
penalty is expressly provided shall be liable on summary
conviction to a fine of two thousand dollars and to imprison-
merit for six months.

(4) Any immigrant who enters without a permit from
the Immigration Officer or who enters in breach of any of
the provisions of this Ordinance or who contravenes any
condition subject to which his entry has been permitted shall
upon conviction be liable in addition to expulsion from the
Colony by order of the convicting magistrate. Any such
order shall be sufficient authority for any police officer to
arrest and detain such immigrant and to do all such other
acts as may be necessary to enable such person to be





removed from the Colony. Without prejudice to the pro-
visions of subsection (5) of section ii such person may be
removed from the Colony by such method and route as the
Governor may determine. [33

35. The Governor in Council may by regulations
prescribe or provide for-
(a)the powers and duties of deputy immigration officers
and immigration control officers;
(b)the supply to immigrants leaving the Colony of
travel documents and the supply to immigrants
entering the Colony of entry permits, certificates of
residence or frontier passes;
(c)places of detention and their regulation and
management;
(d) an immigration examination signal;
(e)the furnishing of particulars, returns and photo-
graphs for the purposes of this Ordinance to the
Registrar of Aliens and to the Commissioner of
Police;
exemption of any person or class of persons, either
unconditionally or subject to such conditions as
may be specified, from complying with all or any
of the provisions of this Ordinance;
(g) forms and fees;
(h) generally carrying out the provisions of this
Ordinance. [34

36. (1) Whenever any person is dissatisfied with the
exercise of the discretion of any person to whom discretionary
power is given under this Ordinance in respect of any act,
matter, or thing, which is by this Ordinance made subject
to the exercise of the discretion of such authority, or with
any action or decision of any such person either as to the
carrying out of or the meaning of any of the provisions of
this Ordinance, or whenever any, of the provisions of this
Ordinance are, owing to special conditions, undesirable, the
person so dissatisfied may, unless proceedings have already
been taken before a magistrate in relation, thereto, appeal
to the Governor in Council, who, if in his opinion the
exercise of such discretion or such action or decision requires
modification, revocation, or setting aside, or such special





conditions exist as render any such provision undesirable,
may make such order in respect thereof as may be just.
The grounds of such appeal shall be concisely stated
in Writing, and the appellant may, if he so desires, be
present at the hearing of such appeal and be heard in its
support either by himself or by his representative, and the
Governor in Council shall thereafter determine the matter
in the absence of, and without further reference to, the
Immigration Officer.
The Clerk of Councils shall give the appellant seven
days notice of the hearing of the appeal, and shall at the
same time furnish the appellant with a copy of the evidence
and documents submitted by the respondent for the con-
sideration of the Governor in Council.
Nothing herein contained shall be deemed to prevent
any person from applying to the Supreme Court for a
mandamus, injunction, prohibition or other order should he
elect so to do, instead of appealing to the Governor in
Council under this section

(2) In any appeal under the provisions of subsection
(i) the Governor in Council may at any time in his discretion
direct a case to be stated for the opinion of the Full Court
on any question of law involved in any appeal submitted
to him. The terms of such case shall be agreed upon by the
parties concerned, or in the event, of their failure to agree
shall be settled by the Full Court. The Full Court shall
hear and determine the question of law arising on any case
stated as aforesaid, and shall remit the matter to the
Governor in Council who shall give effect by order to the
finding of the court. The costs of such hearing shall be
in the discretion of the court.

Any party to the appeal shall be entitled to be heard
by counsel on the hearing of any case so stated.
No proceedings by way of mandamus, injunction,
prohibition, or other order shall be taken against the
Governor in Council in respect of anything arising out of
this section.

(3) Every order of the Governor in Council on any
appeal shall be final and may be enforced by the Supreme
Court as if it had been an order of that court. [35
4 of 1949. 9 of 1950. 24 of 1950. 37 of 1950. Short title. Interpretation. 9 of 1950, Schedule. 11 & 12 Geo 6, c. 56. 9 of 1950, Schedule. Appointments. Prohibition of entry except at specified points and with permission. Procedure on arrival of vessels. Prohibition of removal of articles before examination. Production of certain lists and persons by masters of vessels and captains of aircraft. 9 of 1950, Schedule. Directions to prevent evasion. 9 of 1950, Schedule. Interrogation of travellers. 9 of 1950. Schedule. 9 of 1950, Schedule. [s. 9 cont.] 9 of 1950, Schedule. Places of examination. Undesirable immigrants. 9 of 1950, Schedule. 9 of 1950, Schedule. 9 of 1950, Schedule. [s. 11 cont.] 9 of 1950, Schedule. 9 of 1950, Schedule. Authorized landing places and points of entry. Powers of Immigration Officer. 9 of 1950, Schedule. [s. 13 cont.] Release of detained person on his entering into a recognizance. 9 of 1950, Schedule. (Cap. 227). Conditional landing or entry. Master of vessel may detain by force. Penalty on certain false representation. 9 of 1950, Schedule. Prohibition of entry without valid documents. Possession of valid documents vests no right to enter. Validity of documents. [s. 20 cont.] Transit visas. Possession of passport, etc., which is forged, etc. 24 of 1950, Schedule. Discretion to limit period of stay. Declaration may be required of alien. Registration requirements. Production of documents on demand. Obligation of keepers of residential accommodation. Obligation on occupier of premises to which section 27 does not apply. Prohibition of entry or discharge without permission and provision for taking security. 37 of 1950, Schedule. Exemption of certain aliens from residential provisions of Part III. Part V only to be enforced on Governor's proclamation. Return to Commissioner of Police when required. Power to require attendance. [s. 33 cont.] General penalty. 9 of 1950, Schedule. Governor in Council empowered to make regulations. Appeal of Governor in Council. [s. 36 cont.]

4 of 1949. 9 of 1950. 24 of 1950. 37 of 1950. Short title. Interpretation. 9 of 1950, Schedule. 11 & 12 Geo 6, c. 56. 9 of 1950, Schedule. Appointments. Prohibition of entry except at specified points and with permission. Procedure on arrival of vessels. Prohibition of removal of articles before examination. Production of certain lists and persons by masters of vessels and captains of aircraft. 9 of 1950, Schedule. Directions to prevent evasion. 9 of 1950, Schedule. Interrogation of travellers. 9 of 1950. Schedule. 9 of 1950, Schedule. [s. 9 cont.] 9 of 1950, Schedule. Places of examination. Undesirable immigrants. 9 of 1950, Schedule. 9 of 1950, Schedule. 9 of 1950, Schedule. [s. 11 cont.] 9 of 1950, Schedule. 9 of 1950, Schedule. Authorized landing places and points of entry. Powers of Immigration Officer. 9 of 1950, Schedule. [s. 13 cont.] Release of detained person on his entering into a recognizance. 9 of 1950, Schedule. (Cap. 227). Conditional landing or entry. Master of vessel may detain by force. Penalty on certain false representation. 9 of 1950, Schedule. Prohibition of entry without valid documents. Possession of valid documents vests no right to enter. Validity of documents. [s. 20 cont.] Transit visas. Possession of passport, etc., which is forged, etc. 24 of 1950, Schedule. Discretion to limit period of stay. Declaration may be required of alien. Registration requirements. Production of documents on demand. Obligation of keepers of residential accommodation. Obligation on occupier of premises to which section 27 does not apply. Prohibition of entry or discharge without permission and provision for taking security. 37 of 1950, Schedule. Exemption of certain aliens from residential provisions of Part III. Part V only to be enforced on Governor's proclamation. Return to Commissioner of Police when required. Power to require attendance. [s. 33 cont.] General penalty. 9 of 1950, Schedule. Governor in Council empowered to make regulations. Appeal of Governor in Council. [s. 36 cont.]

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