28441451

CAP. 229]

Expulsion of

mendicant or

destitute..

Vagrancy.

22. (1) Any police officer may require any person who is apparently a mendicant or a destitute to accompany him 41 of 1939, s. 4. or any other police officer to, and to appear before, a

(Cap. 240).

Evidence in proceeding under the Ordinance.

magistrate.

(2) The magistrate shall, in such case, and may in any other case where a person apparently a mendicant or a destitute comes before him, make a summary inquiry into his circumstances and, if satisfied that he is a mendicant or a destitute and that he is unable to prove either that he is or has the status of a British subject or that he has been ordinarily resident in the Colony for a period of seven years or more, may if he thinks fit declare him to be a mendicant or destitute to whom this section of this Ordinance applies and order him to be expelled from the Colony. Such order may be made in lieu of or in addition to any conviction or sentence under section 24, 27 or 28.

(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 accordance 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 six weeks, and to a recommendation for deportation under section 8 of the Deportation of Aliens Ordinance.

[24A

23. (1) In any proceeding under this Ordinance, a certified copy of the declaration of the magistrate shall be prima facie evidence that the person therein referred to was a vagrant from the date of such declaration, and also from any earlier date in such declaration mentioned as that from which, in the magistrate's opinion, such person has been a vagrant.

(2) As regards costs and charges incurred by the Colony on behalf of a destitute person or of a vagrant, the following...

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