Deportation (British Subjects).
(a) a convicted person in respect of whom any court has recommended that a deportation order should be made in his case; or
(b) an undesirable person; or
(c) a destitute person; or
(d) a prohibited immigrant.
[CAP. 239
Schedule.
(2) For the purpose of this section a court or magistrate may recommend in addition to or in lieu of sentence that a deportation order should be made in respect of a convicted person who is an immigrant British subject, and the burden of proof that such person belongs to the Colony shall for such purpose be upon that person: Provided that except as provided in section 4 the exercise or failure to exercise the powers conferred hereby on a court or magistrate shall not be deemed to affect the powers of the Governor in Council for making
9 of 1950, Schedule.
4. Except where a court or magistrate has recommended that an order should be made, no deportation order shall be made under this Ordinance except where a judge has, in accordance with the provisions 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.
Procedure for making orders.
5. (1) A notice in Form 1 in the Schedule shall be served upon the person charged specifying with sufficient particulars to give him reasonable information as to the nature of the facts alleged against him, the grounds upon which it is alleged that an order may be made against him under this Ordinance, and requiring him to show cause before a judge in chambers at a time to be stated in the notice, or at such later time as the judge may appoint, why such order should not be made in respect of him.
(2) In the case where it is proposed that a deportation order should be made but such order cannot be made without the approval of the Secretary of State, the notice shall contain information to that effect.
(3) In any case where it is intended to take proceedings against any person under this Ordinance on the ground that he is an undesirable person, and it is represented on oath or affidavit to a judge in chambers that the person is an undesirable...
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