Repeal of sub-section
(3) of
section 9
of the
principal
Ordinance.
Repeal and
of
4.
(17) The directions of the Governor under this section may be signified under the hand of the Clerk of Councils.
(18) In this section-
"competent authority" means such person as the Governor may by notification in the Gazette appoint to be the competent authority for the purposes of this section ;
**
"competent court' includes any court constituted under Proclamation 8 of the British Military Administration and any court which since the 30th of August, 1946, was constituted for the trial of war criminals but does not include any coun constituted or set up in the Colony between the 25th of December, 1941, and the 1st of August, 1945-
"Registrar of the Supreme Court" includes
a Deputy Registrar of the Supreme Court;
"slands sentenced" or "applied for" means respectively stands sentenced or applied for whether before or after the commencement of the Deportation of Aliens (Amendment) Ordinance, 1949, after taking into consideration any appeal or review but without taking into consideration any remission whether granted by the Governor or by any application of the Prison Rules or any period of the sentence which has in fact been served.
Sub-section (3) of section o of the principal Ordinance is hereby repealed.
6. Sub-sections (5), (6), (7), (8) and (0) of section 13 of replacement the principal Ordinance as amended by the Deportation of Aliens sub-sections (Amendment) Ordinance, 1948, are hereby repealed and replaced
the following sub-sections:-
(6) to (9)
of section
13 of the principal Ordinance.
by
"(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
1
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 sub-section after the expiration of the period of his deportation or banishment.
(6) Notwithstanding the provisions of sub-section (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 although he has not been prosecuted for the misdemeanour mentioned in sub-section (1) and the Governor may for such purpose by order under the hand of the Clerk of Councils fx the time within which any such alien shall leave the Colony and make any such order us is mentioned in Section 11.
(7) An application for the order of the Governor may be made by the Commissioner of Police or any person authorized by him in any case or in any class or classes of case in which the Attorney General may by any special or general direction have authorized the making of such an application.
(8) Any order made by the Governor under this section sbull refer to this section and may be endorsed either on the original order of banishment or deportation or upon any document which purports to be a copy of such order and to be certified by the Clerk of Councils or may be attached to any such order or document in any manner which the Clerk of Councils may deem convenient: Provided that nothing herein contained shall render invalid any order which is not so endorsed or attached,
(9) Any such order shall have the same effect and confer the same authority as a conviction by a magistrale under sub-section (5) hereof.