Service of
order and arrest.
396
(14.) This section shall not apply to any British subject except in the following cases :—
(a) any person who in the opinion of the Governor in Council has been guilty before or after the commencement of this Ordinance of any criminal offence, or of any other misconduct, connected with the preparation, commence- ment, prosecution, defence or maintenance of any legal proceeding, or the sharing in the proceeds thereof, or the settlement or com- promise thereof, or the obtaining or preparition of evidence in anticipation thereof or in relation thereto;
(b) any person who in the opinion of the Governor in Council has been guilty before or after the commencement of this Ordinance of any criminal offence, or of any other misconduct, which is not included under paragraph (a) of this sub-section but which is connected with the administration of the law relating to bank- ruptey or of the law relating to the winding up of companies;
(e) any person who in the opinion of the Governor in Council has been guilty before or after the commencement of this Ordinance of any criminal offence, or of any other misconduct, connected with the preparation, registration, presentation, filing, issuing or certifying of any document which any public officer is required or empowered to register, receive, file, issue or certify;
(d) any person who in the opinion of the Governor in Council was born in the Colony of parents neither of whom was a British subject at the date of the birth of such person and who has not obtained a certificate of his British birth under the hand of the Governor and the public seal of the Colony.
5. So soon as conveniently may be after the issue of deportation any deportation order issued under the provisions of this Ordinance the Captain Superintendent of Police shall canse a copy of such deportation order to be served on the per- son against whom it is made and such person shall be then taken into custody if on bail or otherwise at large and if already in custody such person shall remain in eustody and shall be in either case deemed to be under lawful arrest and in lawful custody until he leaves the Colony.
Power to
order that a deportee siall depart by a parti- enlar train or ship.
6.-(1.) Whenever a deportation order shall have been issued against any person it shall be lawful for the Governor, if he considers it desirable to do so, by order under the hand' of the Colonial Secretary, to do all or any of the fol- lowing things:-
(a) to order that the person against whom the deportation order has been issued shall depart. from the Colony by a particular train, or by a particular ship whatever the immediate or ultimate destination of the said ship;
(b) in case it may in the opinion of the Governor be impracticable or inexpedient that such per- son should depart from the Colony by any train or ship by which he has been ordered to depart to substitute as often as may be neces- sary another train or ship as the train or ship by which such person shall depart from the Colony;
(c) to extend from time to time the time within which such person shall depart from the Colony : Provided that where extradition proceedings have been previously taken against any such person, and the said proceedings have resulted in the discharge of such person either by a magistrate or by the Supreme Court on habeas corpus, nothing in this sub-section shali be construed as empowering the Governor to order such person to leave the Colony by any ship the immediate destination of which is a place in the territory of the State by which the sur- render of such person was demanded, or otherwise to compel such person to enter the territory of such State.
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