CCPR/C/58/Add.6 page 138
was obtained.
While there is no prescribed appeal procedure under the Landing and Residence Ordinance, the validity of an order of the Governor under section 6 could be challenged in court proceedings. No such order may be made against the classes of exempted persons listed in section 8.
20.
Deportation applies only to persons who are unlawfully in the Islands. While no specific appeal or review procedures are provided, no restrictions have been imposed upon the general right of recourse to the courts to contest the legality or validity of any such decision.
21.
There is no right of appeal as such against an order of the Governor under section 6 of the Landing and Residence Ordinance requiring a person to depart from and remain out of the Islands. Any civil proceeding to question the validity of such an order would not of itself operate as a stay of execution. However, in view of the absence of any transport service by air and the great infrequency of passenger transport by sea, the problem does not in fact arise as a practical issue. If it were necessary to obtain a stay of execution pending the determination by a superior court of the validity of the Governor's order, the court would have jurisdiction to grant an injunction preventing the removal of the alien concerned from the Islands pending the final determination of the proceedings before the court.
Article 14
22. It was explained in the United Kingdom's first report on its dependent territories that it is not normally possible to assign professional legal aid to an accused person as there are no practising lawyers in the Islands or within a reasonable distance. In the event of a criminal trial of any serious consequence, the appearance of competent qualified counsel to conduct both the prosecution and the defence would be secured by the administration by arrangement with the Government of the United Kingdom.
Article 17
23. At the meeting to discuss the United Kingdom's second report on its dependent territories, it was asked what kind of personal data could be stored in computers and who could hold such information (CCPR/C/SR.857, para. 31). The existing legal system does not permit the intrusion of the State or any third party upon the privacy of any individual. There are no legislative provisions for the gathering and retention of personal information and data respecting the inhabitants of Pitcairn. Such personal information as may be held by any office or department of the administration is by the rules of the Civil Service regarded as strictly inviolate and never to be released to any other person or organ of government. The only computer on the Island was donated to the school recently, but it is not in working order and in any event incapable of recording personal data. It is stated to be functional for the purpose of prepared programmes and entertainment uses only.
Article 20
24. The provisions of the law which apply the prohibitions prescribed in this article in England as in force on 1 January 1983, including statutes specifically forbidding the practice of racial and other discrimination, are in force as laws of general application of Pitcairn. There has been no necessity to enact local legislation for the prohibition of racial and religious hatred in Pitcairn.
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