397
(2.) Any order mado ander sub-section (!) of this section shall be sufficient authority to all police officers and to the master and crew of the ship to use within the Colony and the waters thereof such force and restraint as may be necessary in order to carry out such order.
(3.) Any order made under this section may be endorsed on the deportation order and may be in Form No. 8 in the Schedule hereto or as near thereto as the circumstances may permit.
7. Every deportation order shall state the grounds on Grounds and which it is made and the period during which it is to period to be apply and shall fix the time within which the person deportation. against whom it is made shall depart from the Colony. orders.
stated in
hibited from
8.--(1.) Every person lawfully banished from the Certain per- Straits Settlements, or from any State in the Malay sons pro- Peninsula which is for the time being under the pro- being within tection of the British Government, or from the State of the Colony. North Borneo, is hereby prohibited from being in the Colony during the term of such banishment unless he shall have obtained the written permission of the Governor to be in the Colony.
(2.) Any such permission may be revoked by the Governor by writing under the hand of the Colonial Secretary served on such person and upon such revoca- tion the provision of this section shall apply as though such permission had not been obtained.
(3.) No person shall be deemed to have committed a breach of the provisions of this section if during the term of such banishment he has been within the Colony on one occasion only for such period as may be reasonably necessary for him to make arrangements for his departure: Provided however that it shall be lawful for any police officer to arrest and detain any such person or to take such other steps as may be necessary to facilitate or to expedite his departure.
or banish-
9.-(1.) Every person who is prohibited from being Penalty for within the Colony either by virtue of a deportation order return from made under this Ordinance or made under any Ordinance deportation repealed by this Ordinance, or by virtue of the provisions ment. of section 8 of this Ordinance or of the provisions of section 11 of the Deportation Ordinance, 1912, and who Ordinance without lawful authority or excuse is within the Colony No. 9 of after the date fixed by such deportation order for his 1912. departure and before the expiration of the period of his deportation, or at any time contrary to the provisions of section 8 of this Ordinance or to the provisions of section 11 of the Deportation Ordinance, 1912, shall be guilty of a misdemeanour.
(2.) Where any such person is convicted summarily before a magistrate he shall be liable to imprisonment for any term not exceeding one year.
(3.) Where any such person is convicted on indictment he shall be liable to imprisonment for any term not exceeding five years in cases where the period of deportation or banishment exceeded fifteen years, to imprisonment for any term not exceeding three years in cases where the period of deportation or banishment did not exceed fifteen years but exceeded five years, and to imprisonment for any term not exceeding two years in cases where the period of deportation or banishment did not exceed five years.
(4.) Where the period of deportation or banishment is for life such period shall be deemed to exceed fifteen years for the purposes of this section.
10. Every person who without lawful authority or excuse Penalty for knowingly harbours or conceals any person who is pro- barbouring. hibited from being within the Colony either by virtue of a deportation order made under this Ordinance or made under any Ordinance repealed by this Ordinance, or by virtue of the provisions of section 8 of this Ordinance or of the provisions of section 11 of the Deportation Or linnuse, Ordnance 1912, shall be liable upon summary conviction to a fine not exceeding two hundred and fifty dollars.
No. 9 of 1972.
No comments yet.
Private notes are available after approval.