TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 18

Reference.

Administrator: within 7 days

/081966

British Virgin Islands: the Immigration and Passport Ordinance 1969

17. Section 39(1) states the occasions where the Governor in his discretion may make a deportation order.

18.

Section 39(3) states that appeal to the Governor is allowed in the case of a person in respect of whom a deportation order has been made, who immediately before the making thereof was lawfully within the Virgin Islands under the provisions of this Ordinance.

19. There are no special provisions for British subjects.

The Cayman Islands: the Deportation (British Subjects) Law 1963 as amended by Law 39 and Law 10 of 1968

20. Section 3 states the instances in which the Governor may make a deportation order in respect of an immigrant British subject' who does not belong to -the Islands.

as defined in s 2(3) as amended

21. Section 6, however, states that no deportation order, restriction order or security order shall be made under this law, except:-

notice to sho cause why an drder should not

be made

22.

a.

b.

without the recommendation of a court that an order should be made in respect of a convicted person;

where a Magistrate has made a report on the case in accordance with Sections 7 and 8 and the Governor is satisfied that such order may properly be made. The Governor, however, when making an order shall not be bound by any recommendations made by the Magistrate, although he shall have regard to the Magistrate's report.

There are no further special provisions for British subjects.

Gibraltar: the Immigration Control Ordinance 1962

23. Section 34 states that a person found in Gibraltar or attempting to enter Gibraltar contrary to the provisions of this Ordinance and any person unlawfully within Gibraltar (hereinafter referred to as "an unauthorised person") may be removed by order of the Governor or of the Magistrates' Court (in this instance, "removed" covers both removal and deportation). The relevant definition of an "unauthorised person" is contained in Section 45(1) and (i) which refers to prohibited immigrants; thus the procedure for removal and deportation is identical.

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