-
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5
Governor
may establish
be a British subject or to have been ordinarily resident in the Colony for a period of ten years. If any such claim is made the competent authority shall either inquire into such claim or whether or not he has commenced to inquire into such claim, may refer any such claim to such other competent authority as the Governor may by any direction have specially designated to inquire into claims of the nature herein specified, in which latter event such other competent authority may deal with the proceed- ings in like manner as if the prescribed inquiry had been referred to him in the first instance save that he may rely on any admission of the allegations duly recorded and signed by the competent authority before whom the inquiry was in the first instance com- menced.
(6) If the alleged undesirable does not admit that he is undesirable or requests the competent authority so to do the competent authority shall proceed to hear and record a summary of the evidence in support of the allegations.
(7) The witnesses shall be examined by the competent authority subject to cross-examination by the alleged undesirable and further examination by the competent authority,
(8) No person shall be permitted to conduct, or appear otherwise than as a witness in, the proceedings: Provided that in addition to giving evidence and calling any witness in his defence the alleged undesirable shall be permitted to address the competent authority in his defence and provided further that if the competent authority considers that the alleged undesirable does not understand the proceedings or is unable for any reason to conduct his own defence he may in his discretion appoint any person including any relative or friend of the alleged undesirable to conduct the proceedings on his behalf.
6. (1) The Governor in Council may in his absolute discretion establish camps for the purpose of accommodating undesirables prior to their expulsion from the Colony and of detention of accommodating suspected undesirables.
camps for
undesira- bles and suspected undesira- bles.
Ordinance No. 10 of 1900.
(2) The establishment of such a camp shall during any period during which this Ordinance is in operation be deemed to be a public purpose within the meaning of section 2 of the Crown Lands Resumption Ordinance, 1900, in like manner as if a provision to this effect had been therein inserted.
to detain
7. (1) Any police officer of and above the rank of sub- Power of inspector may require an undesirable or a suspected undesirable police officer to accompany him to any accommodation camp or to any place and remove
etention and in the event of his refusal may use such force as is undesira-
bles and reasonably necessary to compel compliance with such requirement. suspected
undesira-
(2) An individual who accompanies a police officer bles. whether voluntarily or not in pursuance of a requirement under the preceding sub-section shall be deemed for all purposes to have been taken into lawful custody on a charge of felony and to remain in such custody, save during any period during which he may have evaded it and not have been recaptured, until he is released therefrom by order of a competent authority or until he has been expelled from the Colony.
8. An order of expulsion shall have the effect of authorizing Effect of any police officer to arrest and detain the individual therein named order of
expulsion. and do all such other acts as may be necessary to expel such person from the Colony and it shall be an offence punishable on summary conviction by a magistrate with imprisonment for a term not exceeding three months for such individual to return to the Colony within five years from the date of the order of expulsion.
9. If after the prescribed inquiry a competent authority Order of does not record a finding that an individual to whom the inquiry release. relates is an undesirable the competent authority shall forthwith order that such individual shall be released from any custody or detention in which he may be under the provisions of this Ordin- ance. Such release shall not be a bar to any subsequent inquiry under this Ordinance or to the making of an order of expulsion in consequence thereof.
10. (1) Notwithstanding the provisions of secton 7 it shall Detention be unlawful to detain any individual who is deemed to have been and remand
pending taken into lawful custody thereunder for longer than an initial prescribed period of ninety-six hours and such further period or periods as
inquiry. a competent authority may by writing under his hand order under sub-section (2) and, in the event of an order for the expulsion of such individual being made, for such additional period as in the absolute discretion of the Commissioner of Police is reasonably required to carry out the order of expulsion.
(2) A competent authority is hereby authorized from time
to time to order the further detention of a suspected undesirable for such period or periods not exceeding seven days at one time
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