26
(3) The functions of any such Committee shall be to consider, and make recommendations to the Colonial Secretary with respect to any objections against any order under sub- regulation (1) of this regulation which are duly made to the Committee by the person to whom the order relates.
(4) The Governor may make rules as to the manner in which objections against such an order as aforesaid may he made to such a Committee of Review, and such rules shall contain provisions for enabling any person in respect of whom an order is made under this regulation to make objections against the order either in person or with the leave of such Committee of Review by counsel, solicitor or agent; and every such person shall be informed of his right to make objections under this regulation,
(5) All questions in any Committee shall be determined by a majority of votes of the chairman and of any member present and voting. In case of an equality of votes the chairman shall have a casting vote.
(6) The Colonial Secretary or any person authorized by him in that behalf may by order direct the removal from any place of detention to another place of detention to be specified in such order of any person or persons detained under any order made under sub-regulation (1) of this regulation.
(7) Any person in the course of removal from one place of detention to another under sub-regulation (5) of this regulation shall be deemed to be in lawful custody.
(8) Where an order is made under this regulation against a person to whom an order under regulation 37 or regulation 38 is in force, the order under this regulation shall be deemed to replace such order.
(9) The Colonial Secretary may give orders or directions as to the internal management of and otherwise in connection with any place of detention specified in any order made under sub-regulation (1) or sub-regulation (5) of this regulation, and as to the discipline of persons detained therein.
(10) Orders made under sub-regulation (1) of this regulation may be cancelled by the Colonial Secretary or by any person authorized in that behalf by the Colonial Secretary by notification in the Gaselle.
27
32. (1) The Governor in Council may order any person Detained detained under sub-regulation (1) of regulation 31 hereof to leave and remain out of the Colony :
Provided that no such order shall be made against-
(a) any British subject born in the Colony; or (b) any person until he has had sufficient oppor- tunity of making an objection against the order of detention to a Committee under the provisions of sub-regulation (4) of regulation 31 hereof, and such objection, if made, has been duly heard and reported on by the Committee,
For the purposes of this sub-regulation a person detained under sub-regulation (1) of regulation 31 hereof shall be deemed to have had sufficient opportunity of making an objection against the order of detention if a period of seven clear days has elapsed after he has been informed of his right to lodge such objection.
(2) Where any person has been ordered to leave and remain out of the Colony under sub-regulation (1) of this regula- tion, such order may include all the dependants of such person and the provisions of sub-regulations (3), (4), (5), (6) and (7) of this regulation shall apply to such dependants accordingly.
In this sub-regulation "dependant” means-
years,
(a) wife;
(b) dependent husband;
(c) dependent parents and grandparents;
(d) sons under the age of sixteen years; and
(e) unmarried daughters under the age of eighteen
and "dependent" used in connection with "husband", "parents" and "grandparents' means wholly or mainly maintained by the wife, son or daughter, or grandson or granddaughter, as the case may be.
(3) Any person who has been ordered to leave and re- main out of the Colony under sub-regulation (1) of this regulation may-
(a) be detained in custody in such place or places as the Colonial Secretary, or any person authorized by him in that behalf, may direct, for such period, as may be necessary for the purpose of making arrangements for such person to leave the Colony i
person may be ordered to leave the Colony.
No comments yet.
Private notes are available after approval.