239 Immigration

• Author: Ralph Hone
• Pages: #5

CHAPTER 239.

IMMIGRATION.

ARRANGEMENT OF SECTIONS.

SECTION.

1. SHORT TITLE.

   PART I.

   INTERPRETATION AND PRELIMINARY.

2. INTERPRETATION.

3. CONFLICT WITH OTHER LAWS.

4. SAVING OF OTHER ACTs.

   PART II.

   APPOINTMENT AND POWERS OF IMMIGRATION OFFICERS.

5. APPOINTMENT OF IMMIGRATION OFFICERS.

6. GENERAL POWERS OF IMMIGRATION OFFICERS.

7. POWERS OF ARREST.

8. PENALTIES FOR FAILING TO ANSWER INTERROGATIONS.

9. ADMISSIBILITY OF ANSWERS GIVEN IN INTERROGATION.

10. DUTY OF POLICE AND CUSTOMS OFFICERS IN ADMINISTRATION OF THIS ACT.

    PART III.

    BOARD OF IMMIGRATION.

11. CONSTITUTION OF BOARD OF IMMIGRATION.

12. GENERAL FUNCTIONS OF BOARD.

    PART IV.

    PERSONS BELONGING TO THE BAHAMA ISLANDS AND PERMANENT RESIDENTS.

13. PERSONS DEEMED TO BELONG TO THE COLONY.

14. CERTIFICATE THAT A PERSON BELONGS TO THE COLONY.

15. VALIDITY OF CERTIFICATE ISSUED UNDER SECTION 14.

16. CERTIFICATE OF PERMANENT RESIDENCE.

17. REVOCATION OF CERTIFICATE OF PERMANENT RESIDENCE.

    SECTION PART V.

    ENTRY INTO THE. COLONY.

18. CONTROL OF ENTRY.

19. PENALTY FOR ILLEGAL LANDING.

20. PERSONS ENTITLED To LAND WITHOUT A PERMIT.

21. Bona fie VISITOR.

22. PROHIBITED IMMIGRANTS.

23. ENTRY PERMITS.

24. POWER To IMPOSE CONDITIONS ON ENTRY PERMITS, ETC.

    PART VI.

    SUPPLEMENTARY PROVISIONS RELATING TO IMMIGRATION CONTROL.

25. AuTHoRisED PORTS AND AIRPORTS.

26. DurY OF LOCAL REPRESENTATIVE OF SHIP OR AIRCRAFT TO GIVE NOTICE OF ARRIVAL.

27. INWARD PASSENGER AND CREW MANIFESTS.

28. CONTROL OF LANDING FROM SHIPS.

29. LANDING CARDS.

30. DuTY -OF PERSONS ENTERING OR DEPARTING TO PRODUCE PASSPORTS, ETC.

31. OUTWARD PASSENGER AND CREW MANIFESTS.

32. DISTRIBUTION OF COPIES OF STOP LIST, ETC., TO SHIPPING AGENTS, ETC.

    PART VII.

    DEPORTATION AND REMOVAL OF PROHIBITED IMMIGRANTS AND OTHERS.

33. WARRANT To APPREHEND PASSENGERS LANDING WITHOUT PERMIT.

34. PROVISIONS CONCERNING UNDESIRABLE SEAMEN LANDING IN THlE COLONY.

35. PASSENGER SHIP MAY BE MADE TO TAKE AWAY PASSENGER WITHOUT PERMIT.

36. LIEN ON SHIP OR AIRCRAFT LANDING PASSENGERS CONTRARY TO THIS ACT.

37. LIEN TO CEASE IF PASSENGER RETURNED ON BOARD.

38. POWER To GOVERNOR To REMIT LIEN.

39. STOWAWAYS AND DESERTERS.

40. FINANCIAL RESPONSIBILITY OF LOCAL REPRESENTATIVE OF SHIP, ETC., FOR MAINTENANCE, ETC., OF PERSON ILLEGALLY LANDED.

41. PROCEDURE WHERE DEPORTATION is DESIRABLE.

    PART VIII.

    REGULATIONS AND LEGAL PROCEEDINGS.

42. POWER To MAKE REGULATIONS.

43. BURDEN OF PROOF.

44. ILLEGAL. LANDING.

45. BOARDING OF VESSELS AND EXERCISE OF POWERS By CusTOMS OFFICER OR POLICE OFFICER.

46. LANDING OF PROHIBITED IMMIGRANTS.

47. GENERAL. PENALTY.

    -CHAPTER 239.

    IMMIGRATION.

    AN ACT RELATING TO IMMIGRATION.

    [20th December 1963.1 [Commencement 6th January 1964.] 1. This Act may be cited as The Immigration 65 of 1963.

    19 of 1964.

    3 of 1965.

    6 of 1965.

    Short title.

    Act.

    PART I.

    INTERPRETATION AND PRELIMINARY.

2. In this Act, unless the context otherwise requires'authorised port or airport' means any port or airport notified by the Governor by notice in the Gazette to be an authorised port or airport for the purposes of this Act;

   'Board' means the Board of Immigration constituted under this Act;

   'Chief Immigration Officer' means the person holding such office, or if there be no such person, an immigration officer authorised by the Governor to perform the duties of the Chief Immigration Officer under this Act;

   'deserter' means a member of the crew, or other employee lawfully engaged, of a ship arriving, or any ship which has arrived, in the Colony who has abandoned such ship before the due termination of his engagement, without just cause, and with the intention of not returning to such ship;

   'engage in gainful occupation' means(a) to take and continue in any employment;

   or (b) to practise any profession; or (c) to carry on any trade; or Interpretation.

   (d) to engage in business; or (e) to engage in such other form of occupation as may be specified in regulations made by the Board under this Act, where such employment, profession, trade or business is taken or continued, or is practised, carried on or engaged in, for reward, profit or gain:

   Provided that such expression shall not include any exception which may be prescribed;

   'immigration officer' means the Chief Immigration Officer and any person appointed under section 5 of this Act to be an immigration officer or an assistant immigration officer;

   'lien' in relation to any ship means a maritime lien;

   'passenger' means any person arriving in the Colony in any ship or aircraft other than the master, captain, officers, crew and other employees, as the case may be, of such ship or aircraft;

   'prescribed' means prescribed by regulations made under this Act;

   'ship' means every description of vessel used in navigation, however propelled, arriving from any place without the Colony.

   Conflict with 3. Except as otherwise expressly provided, other laws. wherever the provisions of this Act are in conflict with any other Act the provisions of this Act shall prevail.

   Saving of other Acts.

   Ch. 220.

   Ch. 254.

4. --(l) Nothing in this Act shall be construed as derogating from or abridging any provision of The Quarantine Act. or any rules made thereunder by or under which the movements of any person may be restricted.

   (2) Nothing in this Act shall be construed as derogating from or abridging any provision of the Acts hereinafter mentioned, whereby special provision is made with respect to admission into, residence or occupation in or departure from the Bahama Islands of certain classes of persons mentioned in such Act, that is to say:-(a) The International Organisations (Immunities and Privileges) Act;

   (b) The Long Range Proving Ground and Ch. 260.

   Oceanographic Research Stations (Exemptions) Act 1957;

   (c) The Hawksbill Creek, Grand Bahama Ch.235.

   (Deep Water Harbour and Industrial Area) Act;

   (d) The Hotels Encouragement Act; Ch. 304.

   (e) The Butlin Vacation Village (Grand 24 of 1948.

   Bahama) Act 1948; Supp.

   (f) The Vacation Village Grand Bahama 45 of 1952.

   (Rehabilitation, Remodelling and Re-opening) Act supp.

   1952;

   (g) The Vacation Village Grand Bahama 23 of 1954.

   Rehabilitation, Remodelling and Re-opening supp.

   (1954) Act;

   (h) The Emerald Beach Hotel Act 1953; 9 of 1953.

   Supp.

   (i) The Lyford Cay Development Company 71 of 1957.

   Limited Agreement and Road Diversion Act 1957; supp.

   (j) The Hawksbill Creek, Grand Bahama Ch. 236.

   (Deep Water Harbour and Industrial Area) (Amendment of Agreement) Act; and (k) any other Act which the Governor may by Order from time to time add to the provisions of this section.

   (3) Nothing in this Act shall be construed as 11 and 12 Geo.

   derogating from or abridging the exercise of any power 6. c.56.

   conferred upon the Governor by the British Nationality Act 1948.

   PART II.

   APPOINTMENT AND POWERS OF IMMIGRATION OFFICERS.

5. --(1) The Governor shall appoint a person to be Appointment of called the Chief Immigration Officer who shall be the omaf e o executive officer of the Board and who shall exercise the functions assigned to him by this Act.

   (2) The Governor may appoint a person to be the Immigration Officer and such number of persons to be assistant immigration officers for the purposes of this.

   Act as may from time to time be authorized by the Legislature.

   (3) Subject to the provisions of subsection (4) of this section, the Board may from time to time give to the Chief Immigration Officer or any other immigration officer general or special directions, not inconsistent with the provisions of this Act, as to the exercise of any powers, discretions or functions or the performance of any duties under this Act or any regulations made thereunder, and the Chief Immigration Officer and all other immigration officers shall comply with any such general or special directions so given.

   (4) In the discharge of his special responsibilities under the Constitution, the Governor acting in his discretion, may exercise any of the powers of the Board under subsection (3) of this section.

   General powers 6.-(1) For the purpose of exercising his powers of immigration officers. and functions and carrying out his duties under this Act, any immigration officer may(a) without a search warrant, enter upon or into and search any ship, aircraft or any vehicle being landed in the Colony from any ship or aircraft;

   (b) interrogate any person, other than a person who is deemed to belong to the Bahama Islands, who desires to enter the Colony, or any person whom he has reasonable grounds for believing to be a prohibited immigrant;

   (c) require any person who desires to enter or leave the Colony to make and sign any prescribed form of declaration;

   (d) require any person who desires to enter the Colony to submit to be examined by a medical practitioner appointed in that behalf by the Minister for the time being responsible for health and to undergo, and to assist in the carrying out of, any test or investigation which such medical practitioner may require; and (e) require the master of a ship or captain of an aircraft, arriving from or leaving for any place outside the Colony, or the agent of such ship or aircraft to furnish a list in duplicate signed by himself of the names of all persons in the ship or aircraft and such other information as may be prescribed.

   (2) Any immigration officer may, in writing, summon for the purposes of interrogation any person whom he is empowered by paragraph (b) of section 6 (1) to interrogate, and may require any such person to produce any document in his custody or possession or under his control relating to any matter upon which he may be interrogated.

   (3) An immigration officer investigating any offence or alleged or suspected offence under this Act or any regulations made thereunder shall have all the powers, privileges, protections and authorities conferred by law on a police officer for and in relation to the investigation of offences.

7. If any immigration officer or any police officer Powers has reasonable cause to suspect that any person, other of arrest.

   than a person who is deemed to belong to the Bahama Islands, has committed an offence under this Act or...