CO129-401 - Governor Sir May - 1913 [5-6] — Page 366

(4)

8.8. (1) it is provided that "whenever during the continuance of any

"Proclamation issued under the provisions of the Peace Preservation Ora

"nance, 1886, it is represented by the Captain Superintendent of Police

"to the Governor-in-Council on written information that the removal from

"the Colony of any person not being a natural born subject of His Majest "whether such person has been naturalized or not is desirable for the

"public safety or in the interests of the peace or good order of the

"Colony, the Governor-in-Council may, if it appears to him, after making

"enquiry, to be desirable for the public safety or in the interests of

"peace or good order of the Colony that such person should be deported "from the Colony, issue a Deportation Order against such person.

77/-

(b) s.s. (2) provides for the report of any Deportation Order issue

under the provisions of s. s. (1) to the Secretary of State; thi

s.s. being a repetition of s. s. (2) of Section 5 of the Deport

tion Ordinance 1912.

(c) s.s. (3) provides for the form of a Deportation Order to be

issued under the provisions of this Section.

Section 3 amends Section 6 of the Deportation Ordinance 1912

and provides that where the period of banishment is for life, such perio

shall be deemed to exceed fifteen years. The object of this amendment

is to make it clear that the power eiists to banish for life, & power

as to the existence of which in the old Ordinance some doubt has been

at times expressed; particularly in connection with Section 8 of the De-

portation Ordinance 1912 whic.. prescribed punishments for persons, retur

ing unlawfully from banishme of increasing severity proportionate to

the periods to which their banishment order originally extended,

B/-

+

Section 4, repeals Section 7 of the Deportation Ordinance, 1912

and substitutes a new Section therefor, re-enacting the old Section in

order to fit it in with the new arrangements made under the provisions o

new section 3.The Section relates to the procedure subsequent to the iss

of a Deportation Order against a person.

9/-

Section 5, repeals Sec.12, s.s. (1) of the Deportation Ordinaï

1912 re-enacting it in amplified form. The Section details officera

who se signatures t an order of banishment,

for the purpose of

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a prosecution under the provisions of the Ordinance, of any person who has disobeyed an order of banishment may be accepted as proper

of proof the fact and date of banishment.

10/-

Section 6 re-enacts the forms in the Deportation Ordi-

nance 1912 dealing with the warrant for arrest, the questions to be

asked a detained person and the warrant for further detention

where the original period of detention has not been found suffi-

cient. These forms are now re-enacted so as to correspond with

the new arrangements made under the provisions of Section 3 of the

new Ordinance.

11/- Section 7 is designed to remove any doubt which has been

alleged to exist as to the power of the Governor-in-Council to fix

a life period in the case of a person deported.

Under the pro-

visions of the Deportation Ordinance 1912, such power has in fact

been exercised and is by this Section definitely legalized.

12/-

In my opinion this is an Ordinance to which His Excel-

lency the Governor may properly assent in the name of His Majesty

and on His behalf.

John a 1 Bucknill

Attorney General.

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