TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 178

32

c. 77

PART IV General provisions as to Orders in Council, etc.

Interpretation.

Immigration Act 1971

32.-(1) Any power conferred by Part I of this Act to make an Order in Council or order (other than a deportation order) or to give any directions includes power to revoke or vary the Order in Council, order or directions.

(2) Any document purporting to be an order, notice or direction made or given by the Secretary of State for the purposes of this Act and to be signed by him or on his behalf, and any document purporting to be a certificate of the Secretary of State so given and to be signed by him, shall be received in evidence, and shall, until the contrary is proved, be deemed to be made or issued by him.

(3) Prima facie evidence of any such order, notice, direction or certificate as aforesaid may, in any legal proceedings or proceedings under Part II of this Act, be given by the production of a document bearing a certificate purporting to be signed by or on behalf of the Secretary of State and stating that the document is a true copy of the order, notice, direction or certificate.

(4) Where an order under section 8(2) above applies to persons specified in a schedule to the order, or any directions of the Secretary of State given for the purposes of this Act apply to persons specified in a schedule to the directions, prima facie evidence of the provisions of the order or directions other than the schedule and of any entry contained in the schedule may, in any legal proceedings or proceedings under Part II of this Act, be given by the production of a document purporting to be signed by or on behalf of the Secretary of State and stating that the document is a true copy of the said provisions and of the relevant entry.

33.-(1) For purposes of this Act, except in so far as the context otherwise requires--

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aircraft" includes hovercraft, "airport" includes hover-

port and "port" includes airport;

'captain" means master (of a ship) or commander (of an

aircraft);

certificate of patriality means such a certificate as is

referred to in section 3(9) above; crew", in relation to a ship or aircraft, means all persons actually employed in the working or service of the ship or aircraft, including the captain, and “ member of the crew shall be construed accordingly;

"

>>

means a

entrant means a person entering or seeking to enter

the United Kingdom, and “illegal entrant person unlawfully entering or seeking to enter in breach of a deportation order or of the immigration laws, and includes also a person who has so entered;

Immigration Act 1971

25

c. 77

33

entry clearance means a visa, entry certificate or other document which, in accordance with the immigration rules, is to be taken as evidence of a person's eligibility, though not patrial, for entry into the United Kingdom (but does not include a work permit); "immigration laws means this Act and any law for pur- poses similar to this Act which is for the time being or has (before or after the passing of this Act) been in force in any part of the United Kingdom and Islands; 'immigration rules means the rules for the time being

laid down as mentioned in section 3(2) above; the Islands means the Channel Islands and the Isle of

Man, and the United Kingdom and Islands" means the United Kingdom and the Islands taken together;

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""

"

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PART IV

legally adopted means adopted in pursuance of an order made by any court in the United Kingdom and Islands or by any adoption specified as an overseas adoption by order of the Secretary of State under section 4 of the Adoption Act 1968;

1968 c. 53. "limited leave " and "indefinite leave" mean respectively leave under this Act to enter or remain in the United Kingdom which is, and one which is not, limited as to duration;

"settled" shall be construed in accordance with section 2(3)(d) above but, where used in relation to the United Kingdom only, as if any reference in section 2(3)(d) or in section 8(5) to the Islands were omitted; ship" includes every description of vessel used in naviga-

tion;

""

"work permit means a permit indicating, in accordance with the immigration rules, that a person named in it is eligible, though not patrial, for entry into the United Kingdom for the purpose of taking employment. (2) It is hereby declared that, except as otherwise provided in this Act, a person is not to be treated for the purposes of any provision of this Act as ordinarily resident in the United King- dom or in any of the Islands at a time when he is there in breach of the immigration laws.

(3) The ports of entry for purposes of this Act, and the ports of exit for purposes of any Order in Council under section 3(7) above, shall be such ports as may from time to time be designated for the purpose by order of the Secretary of State made by statutory instrument.

(4) For purposes of this Act an appeal under Part II shall, subject to any express provision to the contrary, be treated as