1967-HKRS30-8-58_Part04 — Page 2

14

exercising or claiming to exercise any governmental func- tions in relation to that country, by whatever name de- scribed (including any person or body of persons claiming to be the Government of that country or to be a Minister or Ministers of any officer of such a Government or otherwise to exercise authority on behalf of such a Government); and

(b) any person whom the Governor has reason to believe-

() to be ordinarily resident in Southern Rhodesia; and (ii) to have furthered or encouraged or to be likely to further or encourage any unconstitutional action in Southern Rhodesia or any action calculated to evade or contravene or to facilitate the evasion or contravention of this Order or of the Orders revoked by this Order or of any provision of law with respect to similar matters from time to time in force in the United Kingdom, the Channel Islands, the Isle of Man, an associated state or Tenga

(2) Subject to paragraph (3) of this Article, ac immigration officer may, in the case of a person to whom this Article applies who seeks to enter the Territory—

(i) refuse to admit him to the Territory (which refusal shall

remain in force until expressly revoked); or

(U) admit him to the Territory subject to a condition restric- ing the period for which he may remain there, with or without conditions for restricting his employment or Occupation.

(3) The power to refuse admission conferred by paragraph (2) of this Artick shall not be exercised on any occasion in re- spect of a person who-

(a) being a woman, satisfies an immigration officer that she is the wife of a person who is resident in the Territory or of a person who enters or seeks to enter the Territory with her; or

(b) satisfies an immigration officer that be is under the age of sixteen and that at least one of his parents is resident in the Territory or is entering or seeking to enter the Territory with him;

and the references in this paragraph to a person entering or seek- ing to enter the Territory shall be construed as not including a person who, on the occasion in question, is refused admission to the Territory.

15

(4) If any person to whom this Article applies-

(a) enters or remains within the Territory, otherwise than in accordance with the directions or under the authority of an immigration officer, while a refusal of admission under paragraph (2) of this Article is in force in relation to him: or

(b) contravenes or fails to comply with any conditions im-

posed on him under that paragraph.

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200 or to imprisonment for å term not exceeding three months or to both; and a person con- victed of such an offence shall be deemed to be a prohibited im- migrant and may be removed from the Territory in accordance with, and subject to the restrictions contained in, the law of the Territory relating to the removal of prohibited immigrants.

(5) Nothing in this Article shall apply to any person who under any provision of the Constitution of the Territory has a right to enter the Territory or who under any other provision of law has the status of a person belonging to the Territory or of a permanent resident of the Territory or any other like status which carries with it a right to enter the Territory, and nothing in this Article shall be construed as derogating from the powers con- ferred by any other provision of law in relation to restrictions on the entry to or remaining in the Territory of any person to whom this Article applies.

(6) In this Artick—–

"immigration officer" means any person who under the law of the Territory is, or has the powers of, an immigration officer and includes any person appointed by the Governor to be an immigration officer for the purposes of this Article;

"prohibited immigrant" means a person belonging to a category, however described, the members of which are, under the law of the Territory, declared to be prohibited from entry into the Territory (whether or not the prohibition may be raised) and to be liable to deportation from the Territory.

Restrictions on certain activities promoting emigration to Southern

Rhodesia.

13. (1) Except under the authority of a licence granted by the Governor, no person shall-

(a) publish, or be a party to the publication of, any adver- tisement or any public notice or announcement soliciting or encouraging other persons to take up employment or residence in Southern Rhodesia; or