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(c) has the status of a British subject by reason of the unrevoked grant by the Governor of a certificate of natural- ization under the British Nationality and Status of Aliens Ordinance Act, 1914, or the Naturalization Ordinance, 1902; or
(d) is the wife of a person to whom any of the foregoing paragraphs applies not living apart from such person under a decree of a competent court or a deed of separation; or
(e) is the child, stepchild or adopted child having been adopted in a manner recognised by law, under the age of eighteen years, of a person to whom any of the foregoing paragraphis applies.
(3) For the purposes of this Ordinance a person shall be deemed to be an immigrant British subject if at the date of the service upon him of a notice under section 5 of this Ordinance, or, in the case of a convicted person, the date upon which he is charged with the offence, he is a British subject and has been resident in the Colony since the date of his last arrival therein for less than the following periods. and not otherwise, unless the approval of the Secretary of State shall have been given to the making of a deportation order in respect of such person at any time before it is made
(a) in the case of a prohibited immigrant, a period of three months;
(b) in the case of a convicted person or of an undesir- able person a period of seven years; and
(c) in the case of a destitute person, a period of one year:
Provided that in determining whether any person is an immigrant British subject, any period during which a deporta- tion order made under this Ordinance has been in force as respects that person shall not be taken into account.
No. 44 of 1902.
make de-
3. Subject to the provisions of this Ordinance, the Power to Governor in Council may, if he thinks fit, make a deportation portation order in respect of an immigrant British subject who does not orders. belong to the Colony and who is--
(a) a convicted person in respect of whom any court has recommended that a deportation order should be made in his case, either in addition to or in lieu of sentence; or
(b) an undesirable person; or
(c) a destitute person; or
(d) a prohibited immigrant.
for making
4. Except where a court has recommended that an order Procedure should be made, no deportation order shall be made under orders. this Ordinance except where a judge has, in accordance with the previsions of the next two following sections, made a report on the case and the Governor in Council is satisfied, having regard to the findings of fact and any conclusions of law as stated in the report, that such order may lawfully be made.
notice and
5.--(1) A notice in the Form No. 1 in the Schedule shall Service of be served upon the person charged specifying with sufficient arrest. particulars to give him reasonable information as to the nature Schedule of the facts alleged against him, the grounds upon which it is alleged that an order may be made against him under this
Form No. 1