Procedure for making orders.
Service of notice and arrest.
Powers of Judge.
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(2) Where a security order is made as aforesaid, a deportation order or a restriction order, as in the case may be lawful and desirable, shall be made in conjunction therewith to come into force upon default of compliance with the security order within a time therein fixed but not otherwise.
(3) Where a security order has been complied with, the order shall, for the purposes of this Ordinance, be deemed to remain in force so long as the security given thereunder subsists, and where a security order is revoked the said security shall cease to have effect.
6. Except where a court has in accordance with the provisions of this Ordinance given a certificate recommending that an order should be made, no deportation order, restriction order or security order shall be made under this Ordinance except where a Judge has, in accordance with the provisions of the next following two sections, made a report on the case and the Governor-in- Council is satisfied, having regard to the findings of fact and any conclusions of law as stated in the report, that such order may lawfully be made.
7.-(1) A notice in the prescribed form shall be served upon the person charged specifying, with sufficient particulars to give him reasonable information as to the nature of the facts alleged against him, the grounds upon which it is alleged that an order may be made against him under this Ordinance, and re- quiring him to show cause, before a judge in chambers at a time to be stated in the notice, why such order should not be made in respect of him.
(2) In the case where it is proposed that a deportation order should be made but such order cannot be made without the approval of the Secretary of State, the notice shall contain information to that effect.
(3) In any case where it is intended to take proceedings against any person under this Ordinance on the ground that he is an undesirable person, and it is represented on oath or affidavit [to a judge in chambers] that that person is an undesirable person, the judge may issue a warrant for his arrest, and if the notice mentioned in subsection (1) of this section shall not have already been served upon him it shall be so served not later than twenty-four hours after his apprehension.
8.-(1) At the time appointed in the notice served under the foregoing section or at any adjournment of the hearing the Judge shall take such evidence upon oath as is tendered in support of the charges, and the witnesses may Lyperson charged cross e call such witnesses and tender such other evidence as may be relevant changed
cross-examined by the accused or his Counsel and the accused- may on his own person behalf
Detention in cus- tody pending decision.
Contents of Orders.
upon the questions at issue.
(2) The Judge, after considering the evidence adduced before him and making any further investigations which he may consider to be desirable, shall make a report to the Governor setting out his findings of fact and his conclusions on any questions of law involved, and, if he thinks fit, making a recommendation as to the issue in the case of any order or orders under this Ordinance.
9. Where a Judge or a Court recommends the making of a deportation order or restriction order or security order on the grounds that the person charged is an undesirable person or a convicted person, the person charged may, if the Judge or Court, as the case may be, shall so order, be detained in such manner as the Judge or Court may direct pending the decision of the Governor for a period not exceeding [twenty-eight days] and, where reference to the Secretary of State is necessary, before a deportation order is made, such further period as may be necessary for that purpose, and shall be deemed to be in legal custody whilst so detained.
10.-(1) Every security order and every deportation order shall be in the prescribed form.
(2) Every restriction order shall be in the prescribed form and shall state the area or areas which the person to whom it relates is prohibited from entering or leaving.
(3) A deportation order or restriction order may be expressed to be in force for a time limited therein or for an unlimited time, and, when the person charged is not taken into custody pending the execution thereof, shall prescribe a time within which the person charged may of his own volition comply therewith.
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