Deportation of Aliens.
(3) Where any such person is convicted on indictment, he shall be liable to imprisonment for five years in cases where the period of deportation or banishment exceeded fifteen years, to imprisonment for three years in cases where the period of deportation or banishment did not exceed fifteen years but exceeded five years, and to imprisonment for two years in cases where the period of deportation or banishment did not exceed five years.
(4) Where the period of deportation or banishment is for life, such period shall be deemed to exceed fifteen years for the purposes of this section.
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(5) Whenever an alien is convicted by a court of being within the Colony without lawful excuse after the date fixed for his departure under any deportation order and before the expiration of the period of his deportation or banishment, such conviction shall be sufficient authority for the Commissioner of Police to make such arrangements as he may deem expedient to deport such alien from the Colony and to such end the Commissioner and any person acting upon his instructions or request may keep or cause such alien to be kept in custody in any prison or house of detention until such alien leaves the Colony and may use such force and restraint as is necessary to cause such alien to depart from the Colony, and until such departure such alien shall be deemed to be under lawful arrest and in lawful custody. Provided that no alien shall be deported while he is still serving a sentence of imprisonment imposed by any competent court or magistrate which has not been remitted or in breach of any condition imposed upon such remission, and that no alien shall be deported by virtue of this subsection after the expiration of the period of his deportation or banishment. For the purposes of this subsection, the expression "Commissioner of Police" shall be deemed to include any deputy or assistant commissioner of police.
Schedule.
(6) Notwithstanding the provisions of subsection (5), an order of banishment or deportation may, by order of the Governor under the hand of the Clerk of Councils, be enforced against an alien whether or not he has been prosecuted for the misdemeanor mentioned in subsection (1).
Schedule.