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(3) Any such order shall have the effect of authorizing any police officer to arrest and detain such person and to do all such other acts as may be necessary to enable such person to be expelled from the Colony and repatriated to the country of which he appears to be a national or sent to some other destination without the Colony chosen by such person and approved by the Commissioner of Police.
(4) If any person expelled from the Colony under this section returns thereto within a period of five years from the date of the order for his expulsion, unless with and in accord- ance with the permission in writing of the Commissioner of Police, he shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six weeks and to a recommendation for deportation under section & of the Deportation of Aliens Ordinance, 1935.
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5. Section 26 of the Vagrancy Ordinance, 1897, is Amendment amended by the insertion of the words a mendicant or a destitute after the word vagrant" in the first line.
of Ordinance No. 9 of 1897, s. 26.
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Objects and Reasons.
1. The long title of the Vagrancy Ordinance, 1897, is An Ordinance to amend the law relating to vagrants". The Ordinance however deals with "mendicants as well as vagrants"; and, as it is now intended to include provisions relating to "destitutes who do not belong to the Colony and cannot prove that they are or have the status of British subjects, clause 2 of this Bill extends the long title of the Ordinance by the addition of the words destitutes and mendicants after the word vagrants".
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2. Clause 3 of the Bill adds to section 2 of the Ordinance a definition of destitute adapted from the terms of the definition of destitute person in section 2 (1) (c) of the Deportation (British Subjects) Ordinance, No. 16 of 1936.
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3. Clause 4 of the Bill adds a new section, 24A, to the Vagrancy Ordinance, 1897. Sub-section (1) follows, mutatis mutandis the terms of section 5 of that Ordinance. The first part of sub-section (2) is generally on the lines of section 6 of the 1897 Ordinance. The latter part is derived partly from section 2 (2) and section 3 (c) of Ordinance No. 16 or 1936, which relate to the deportation of destitute immigrant British subjects not belonging to the Colony, and partly from section 13 (2) of Ordinance No. 8 of 1934 which relates to magisterial expulsion orders for contraventions of the Immigration and Passports Ordinance. Sub-section (3) is adapted from section 13 (3) of Ordinance No. 8 of 1934 and from the amendments made to sections 3 and 4 of that Ordinance by sections 2 and 3 of Ordinance No. 23 of 1935. Sub-section (4) provides a penalty for expelled persons who return within five years, a much lighter penalty than that provided by section 13 of the Deportation of Aliens Ordinance, No. 39 of 1935.