Last Updated: Wednesday, 01 October 2014, 14:56 GMT

Caymanian Protection Law, 1984

Publisher National Legislative Bodies / National Authorities
Author Cayman Islands
Publication Date 14 September 1984
Reference CYM-110
Cite as Caymanian Protection Law, 1984 [],  14 September 1984, available at: http://www.refworld.org/docid/3ae6b4dc8.html [accessed 2 October 2014]
Comments This is an unofficial consolidation. The Law, No. 24 of 1984, was amended by the Caymanian Protection (Amendment) Law, 1987 (Law 16 of 1987) and the Caymanian Protection (Amendment) Law, 1988 (Law 4 of 1988) which was assented by the Governor on 29 July 1988.
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

A LAW TO REPEAL AND REPLACE THE CAYMANIAN PROTECTION LAW (REVISED)

ENACTED by the Legislature of the Cayman Islands.

1. Short tale and commencement

This Law may be cited as the Caymanian Protection Law, 1984 and shall come into operation on such day as the Governor, by Proclamation published in the Gazette, shall appoint.

2. Interpretation

In this Law, unless the context otherwise requires-

"Appellate Tribunal" means the Board or the Governor, as the case may be, acting in an appellate capacity;

"Board" means the Caymanian Protection Board established under section 5;

"Caymanian status" has the meaning assigned to ¡t in section 14;

"Chairman" means the Chairman of the Board;

"convicted and deportable person" means a person in respect of whom any court certifies to the Governor that he had been convicted by that court or by an inferior court from which his case has been brought by way of appeal, of any offence punishable with imprisonment, otherwise than only in default of payment of a fine, and recommends that a deportation order should be made in his case, either in addition to or in lieu of sentence;

"crew" means persons employed in working or service of a vessel;

"dependant" in relation to any person means the wife or, as the case may be, the husband of that person, and any of the following relations of that person, that is to say, a child, step-child, adopted child, grandchild, parent, step-parent, grandparent, brother, sister, half-brother or half-sister, being in each case wholly or substantially dependent upon that person;

"deportation order" means an order made or in force under Part VI requiring the person in respect of whom it is made to leave and remain out of the Islands;

"destitute person" means a person who is, or is likely to be, a charge on public funds by reason of mental or bodily ¡11-health or insufficiency of means to support himself and his dependants (if any);

"domicile" and its derivatives have the meanings ordinarily applied to those expressions at common law:
PROVIDED that wheresoever the word "domicile" or its derivatives appear in paragraphs (a) and (b) of section 15 of the Caymanian Protection Law, 1971, or in paragraphs (a) and (b) of subsection (1) of section 15 of the Caymanian Protection Law (Revised), then the provision of subsection (3) of section 15 of the Caymanian Protection Law (Revised) shall apply for the purpose of construing and interpreting the word "domicile" and its derivatives;

"eligible person" means-

(a)any British citizen or a citizen of the Republic of Ireland;

(b)any British Dependent Territories Citizen;

(c)any citizen of Australia, Bahamas, Barbados, Belize, Canada, Jamaica, New Zealand or Trinidad and Tobago; and

(d)any United States citizen;

"gainful occupation" and "gainfully occupied" mean the carrying on of or employment in any profession, trade, business or other avocation, for gain or reward, in, or with relation to the Cayman Islands, unless expressly excepted by some provision of this Law;

"Governor" means the Governor in Council;

"Health Officer" means any Government Medical Officer in the Islands or any registered medical practitioner appointed by the Governor to be a Health Officer for the purposes of this Law;

"household" includes such members of the family and such domestic and other servants of a person exempted under section 23 or holding a licence under section 28(2) as may be specifically permitted by the Governor or the Board, as the case may be, to reside with such person in the Cayman Islands during the currency of such person's exemption or licence;

"keeper", where used in relation to premises where accommodation is provided for reward, includes any person who for reward receives any other person to lodge in the premises whether on his own behalf or as a manager or otherwise on behalf of any other person;

"lands" includes arrival or entry by any form of conveyance, and references to landing, unless the context otherwise implies, include reference to attempting to land;

"local agent", in relation to a vessel, means-

(a)the owner of the vessel if the owner is in the Cayman Islands;

(b)any corporate body owning or operating (whether under charter or otherwise) the vessel for the time being, where such corporate body maintains an office in the Cayman Islands; or

(c)the agent in the Cayman Islands for the person or corporate body for the time being owning or operating the vessel;

"non-Caymanian status", with regard to any person, means a person who is not of and who has not acquired Caymanian status;

"passenger" means any person, other than a member of the crew, travelling on board a vessel;

"passport" means a current valid passport furnished with a photograph and duly issued in favour of the person named therein;

"prescribed" in relation to any matter means prescribed by any regulation made under this Law;

"prohibited immigrant" has the meaning assigned to it in section 36;

"regulation" means any regulation, rule or order made pursuant to this Law,

"Secretary" means the Secretary of the Board appointed under section 8(6);

"step-child" means a child of one of the parties to a marriage born. in wedlock to a previous marriage of such party;

"stop-list" has the meaning ascribed to it in section 37;

"undesirable person" means a person who in the opinion of the Governor is or has been so conducting himself (whether within or outside the Cayman Islands) that his presence in these Islands is or is likely to be prejudicial to the maintenance of peace, order and good government or public morals in the Islands;

"vessel" includes aircraft or hovercraft, and "master of a vessel" includes the pilot of an aircraft or hovercraft.

3. Conflict with other laws.

Except as otherwise expressly provided, wherever any provision of this Law or of a regulation is in conflict with any other law or regulation, the provision of this Law, or regulation, as the case may be, shall prevail.

4. Savings of other laws.

Nothing in this Law shall be construed so as to derogate from or abridge any provision of-

(a) the Public Health Law (Law 21 of 1974);

(b)the Diplomatic Immunities (Commonwealth Countries and the Republic of Ireland) Law (Cap. 38);

(c)the Diplomatic Privileges (Extension) Law (Cap. 39); or

(d)the Caribbean Development Bank Law (Revised) (Law 6 of 1970),or any Law amending or replacing such Laws.

Part II-Administration

5. Establishment of the Board.

There is hereby established a Board called the Caymanian Protection Board consisting of a Chairman, Deputy Chairman and not more than nine other members, at least one ¿f whom shall be resident in Cayman Brac or Little Cayman, who shall be appointed by and hold office at the pleasure of the Governor.

6. Function of the Board

Subject to the provisions of section 16, the Board shall have the following functions and powers-

(a)the determination of Caymanian status in cases of doubt;

(b)the grant of Caymanian status;

(c)the determination of immigration appeals;

(d)the grant of gainful occupation permits to certain persons of non-Caymanian status;

(e)the grant of permanent residence to certain persons of non-Caymanian status;

(f)the determination of any ancillary matter connected with the above;

(g)such other functions and powers within the scope of this Law as the Governor may from time to time assign to it by regulation; and

(h)such other functions and powers as may be assigned to it under this or any other Law.

7. Appointment of immigration officers.

The Governor may appoint a Chief Immigration Officer and may appoint such other immigration officers as from time to time he may deem fit, for the purposes of carrying out the provisions of this Law. Such officers shall have all the rights, powers, privileges and immunities of a constable when discharging their duties under this Law and may, for that purpose, board and search any vessel.

8. Meetings of the Board.

(1)The Board shall meet at least once in every calendar month and upon such other occasions as, in the opinion of the Chairman, shall be necessary or desirable in the public interest.

(2)Any member of the Board who, without obtaining the prior written permission of the Chairman, shall be absent from any two out of five consecutive meetings of the Board shall cease to be a member of the Board.

(3)In the absence of the Chairman and the Deputy Chairman at any meeting, the members present at such meeting may elect one of their number to preside as Chairman at that meeting.

(4)The Board shall reach its decisions by a majority of the votes of the members present and voting at any meeting. The Chairman or presiding member shall have no original but only a casting vote. Five members of the Board present at any meeting shall form a quorum.

(5)If a member of the Board has any personal or pecuniary interest, direct or indirect, in any matter which is to be determined by the Board, he shall, if present at the meeting of the Board at which such matter is to be determined, as soon as practicable after the commencement thereof, disclose the fact, and shall not take part in the consideration or discussion of, or vote on any question with respect thereto.

(6)The Governor shall appoint a Secretary of the Board who shall record and keep all minutes of the meetings, proceedings and decisions of the Board.

(7)Subject to the foregoing provisions, the Board shall have power to regulate its own procedure.

9. Remuneration of the Board

Those members of the Board who are not public officers shall receive such remuneration in respect of each meeting attended, and the Chairman and Deputy Chairman shall receive such additional remuneration, as may be determined from time to time by the Governor.

10. Appeal from decisions of an immigration officer.

Any person aggrieved or dissatisfied with any decision of an immigration officer may within seven days of the communication of the decision to him appeal therefrom to the Board whose decision shall be final and binding upon the appellant::

PROVIDED that for the purposes of this section the decision shall be deemed to have been communicated to him at the time at which it would have been received in the ordinary course of post.

11. Appeals from the decisions of the Board

Any person aggrieved or dissatisfied with any decision of the Board other than a decision under section 10 may, within twenty-one days of the communication of the decision to him, or such longer period as the Governor may, for good cause shown, allow appeal therefrom to the Governor whose decision shall be final and binding upon the appellant:

PROVIDED that for the purposes of this section the decision shall be deemed to have been communicated to him at the time at which it would have been received in the ordinary course of post.

12. Conduct of appeals.

(1)Appeals under section l0 and 11 shall be by notice in writing addressed, in the case of appeals under section 10, to the Secretary, and in the case of appeals under section 11, to the Clerk of the Executive Council, and shall set forth-

(a)the original application;

(b)the decision against which the appeal is made;

(c)the grounds of the appeal; and

(d)whether or not the appellant wishes to be heard personally or by a representative.

(2)On receipt of the Notice of Appeal the Appellate Tribunal shall, if the appellant has applied to be heard personally or by a representative, decide whether he shall be so heard and, if ¡t is so decided, fix a time and a date for such hearing and notify the appellant and, as the case may be, the immigration officer or the Board thereof.

(3)At every hearing of an appeal where the appellant or his representative is present, the appellant or his representative shall be given an opportunity to address the Appellate Tribunal and the immigration officer or his representative or the representative of the Board, as the case may be, shall be heard in answer if called upon by the Appellate Tribunal in that behalf. The Appellate Tribunal may, in its absolute discretion, call upon either party further to address ¡t.

(4)Representatives appearing on behalf of either party need not necessarily be persons having legal qualifications.

(5)The decision of the Appellate Tribunal shall be notified to the appellant with the least possible delay.

13. Decisions to be administrative.

Decisions made under or by virtue of sections 6, 10 and 11 shall be deemed to be administrative and not judicial decisions, and no person shall be required to (but at his absolute discretion may) give any reason for such decision, and such decision shall not be questioned in any court of law.

Part III-Caymanian Status

14. General provisions regarding possession of Caymanian status.

(1)A person shall, for the purposes of this Law, be deemed to possess Caymanian status if such person is an eligible person and possesses any of the following qualifications, that is to, say:-

(a)if, on or after the day on which this Law comes into operation, such person acquires by birth, or by legitimation subsequent to birth, Caymanian status by virtue of the provisions of section 17;

(b)if, on or after the day on which this Law comes into operation, such person is deemed to possess Caymanian status by virtue of the provisions of subsection (2);

(c)if, after the day on which this Law comes into, operation, such person is granted Caymanian status by the Board under the provisions of section 18;

(d)if, on the day immediately preceding the day on which this Law comes into operation, such person is deemed to possess Caymanian status under the provisions of the Law repealed by section 79; or

(e)if the Governor in his opinion should find special circumstances to warrant his so doing, grants Caymanian status to any person being an eligible person,

and any such person shall continue to possess and enjoy Caymanian status unless and until he is deemed to lose such status by reason of the operation of the provisions of section 21.

(2)Any person-

(a)who is an eligible person;

(b)who is a legitimate child, or a step-child, or an adopted child who has been legally adopted in such manner as is recognised by the law of the domicile of such person at the time of such adoption, of a person who possesses Caymanian status; and
(amended by the Caymanian Protection (Amendment) Law, 1987)

(c)who is under the age of eighteen years,

shall, for the purposes of this Law, be deemed to possess and enjoy Caymanian status both before and after the attainment of the age of eighteen years until such status ceases under other provisions of this Law.

15. No restriction on acquisition etc. of status by woman.

Nothing in section 14 (2) shall be construed so as to restrict the acquisition, possession or enjoyment of Caymanian status by any woman, or by any such person as is referred to in the said subsection (2), by virtue of any other provision of this Part.

16. Application to the, Grand Court.

(1)Any person claiming to be of Caymanian status by virtue of claiming to be domiciled or ordinarily resident in the Cayman Islands may apply to the Grand Court for a declaration to that effect:

PROVIDED that no person may after the 31st day of December, 1985, apply to the Grand Court for a declaration in respect of domicile.

(2)In determining whether a person is entitled to such a declaration, the said Court shall not take into account any period of absence from the Islands-

(a)for the purpose of acquiring education; or

(b)rendered necessary for reasons of health or force majeure.

17. Acquisition of Caymanian status by birth.

(1)In any case where a person is, on or after the day on which this Law comes into operation, born in these Islands, then in any case he shall possess Caymanian status if both the following condition are fulfilled, that is to say-

(a)at least one of his parents must, at the time of his birth, possess Caymanian status; and

(b)both his parents must, at the time of his birth, be domiciled in these Islands.

(2)In any case where a person is, on or after the day on which this Law comes into operation, born out--¡de these Islands, then in any such case he shall possess Caymanian status if all of the following conditions are fulfilled, that is to say-

(a)he must, immediately after his birth, be an eligible person;

(b)at least one of his parents must at the time of his birth possess Caymanian status; and

(c)both his parents must at the time of his birth be domiciled in these Islands.

(3)Notwithstanding anything in the foregoing provisions of this section, those provisions shall, in relation to an illegitirnate child, have effect subject to the following modifications, that is to say-

(a)where the child has not been subsequently legitimated by the operation of the Legitimation Law (Revised), the status or domicile of the putative father, or' of any person holding himself out as the father of the child, shall not be taken into account, and the status or domicile of the mother shall alone be regarded; or

(b)where the child is subsequently legitimated by reason of the operation of the said Legitimation Law (Revised), and has not already acquired Caymanian status by virtue of the foregoing provisions of this section, then the date of the subsequent legitimation shall, for the purposes of the said foregoing provisions, be treated as if it were the date of the birth of the child, and the status and domicile of the father of the child may then be taken into account in determining whether or not the child has acquired or, as the case may be, may acquire Caymanian status.

(4)Any reference in the foregoing provisions of this section to the nationality, status or domicile of the father of a person at the time of that person's birth shall, in relation to a person born, after the death of his father, be construed as a reference to the nationality, status or domicile of the father at the time of the father's death.

18. Acquisition of Caymanian status by grant.

(1)Any person who is an eligible person of not less than eighteen years of age and who has been ordinarily resident in the Islands for a period of seven years immediately preceding his application may apply to the Board for the grant of Caymanian status.

(2) Any person possessing Caymanian status who has adopted a child in a place outside the Islands may, if that child

(a)is at the date of such application an eligible person; and

(b)has been ordinarily resident in the Islands for the period of three years immediately preceding the application,

and before that child attains the age of eighteen years, apply on his behalf to the Board for the grant of Caymanian status to him.
(amended by the Caymanian Protection (Amendment) Law, 1987)

(3)Any person of not less than eighteen years of age, one of whose parents was born in the Islands and who has been ordinarily resident in the Islands for the period of three years immediately preceding his application may apply to the Board for the grant of Caymanian status.

(4)Any person who becomes a British Dependent Territories Citizen by reason of a grant by the Governor of a certificate of naturalisation or registration issued under the British Nationality Act, 1981, or any act amending or replacing that Act may apply to the Board for the grant of Caymanian status.

(5)Any eligible person-

(a)who is the spouse of a person who possesses Caymanian status;

(b)who is not living apart from their spouse under a decree of a competent court or under a deed of separation;

(c)who has not lived apart from his spouse for an aggregate period of twelve months out of the five years immediately preceding the application;

(d)who has been ordinarily resident in the Islands for a period of three years immediately preceding his application; and

(e)who has not in any country been convicted of an offence for which a sentence of imprisonment of or exceeding twelve months has been passed other than for non-payment of a fine unless-

(i)such conviction has been quashed on appeal or has been the subject of a free pardon;

(ii)the act or omission giving rise to such conviction would not be an offence if done or omitted in the Islands in similar circumstances; or

(iii)the conviction is one which, in the interests of justice, the Board directs to be ignored for the purposes of this section,

may apply to the Board for the grant of Caymanian status.

(6)Any eligible person-

(a)who is the widow or widower of a person who immediately before his or her death-

(i)was his or her spouse;

(ii)possessed Caymanian status, and

(iii)was not living apart from his or her spouse under a decree of a competent court or under a deed of separation; and

(b)who has not in any country been convicted of an offence for which a sentence of imprisonment of or exceeding twelve months has been passed other than for non-payment of a fine unless-

(i)such conviction has been quashed on appeal or has been the subject of a free pardon;

(ii)the act or omission giving rise to such conviction would not be an offence if done or omitted in the Islands in similar circumstances; or

(iii)the conviction is one which, in the interests of justice, the Board directs to be ignored for the purposes of this section,

may apply to the Board for the grant of Caymanian status.

(6A) Any person under the age of eighteen years who-

(a) is an illegitimate child of a person who possess Caymanian status; and

(b) has been ordinarily resident in the Islands for the period of three years immediately preceding the application,

may apply to the Board for the grant of Caymanian status.
(inserted by the Caymanian Protection (Amendment) Law, 1987)

(7)In relation to the qualification of ordinary residence as set out in the foregoing subsections and in section 21(i)(e)(iii), the following provisions shall have effect, that is to say-

(a)where any question arises as to whether an applicant was or was not, during any material period, ordinarily resident in these Islands, such question shall be decided by the Board;

(b)where an applicant has been ordinarily resident in these Islands and has then been absent from these Islands for any period for the purpose of his education outside these Islands, the Board may count any such period of absence as a period of ordinary residence in these Islands if the Board is satisfied that, but for such period of absence, the applicant would have in fact continued to be ordinarily resident in these Islands;

(c)nothing in the foregoing provisions of this subsection shall have effect so as to preclude any applicant from appealing to the Governor, under section 11 on grounds that the Board came to a wrong decision on the question of whether during any material period he was or was not ordinarily resident in these Islands.

(8)The Board shall, in deciding whether or not to grant Caymanian status have regard to the following-

(a)the economic situation of these Islands and the due protection of persons engaged or likely to be engaged in gainful occupation;

(b)the health, character and previous conduct of the applicant, and where applicable, of any member of his family;

(c)any advantage which the continued residence of the applicant or his family may afford to these Islands;

(d)that the applicant is or would upon the grant to him of Caymanian status become domiciled in the Cayman Islands;

(e)the hardship that may be caused to a spouse and his dependants; and

(f)that the grant of the application is not contrary and is conducive to the public interest,

and may if satisified with respect to the foregoing considerations make a grant of Caymanian status in favour of the applicant:

PROVIDED that, in the case of a married applicant living apart from her husband whose domicile is, by reason of her marital status, beyond her own control, paragraph (d) shall not apply as a bar to the grant to her of Caymanian status.

(9)The Board may require any applicant to attend before them or any committee of the Board in support of his application, but subject as aforesaid, no applicant shall be entitled to appear before the Board.

(10)Any applicant who is aggrieved by a refusal of the Board to grant him Caymanian status may, subject to the provisions of section 11, appeal to the Governor against such refusal.

(11)Any person who-

(a)has attained the age of seventeen years; and

(b)has Caymanian status which status would otherwise expire upon his attaining the age of eighteen years,

may apply to the Board for the grant of Caymanian status to take effect upon his attaining the age of eighteen years and, in dealing with such application, the Board if satisfied that the applicant would otherwise qualify under this section for such a grant may grant such status to the applicant to take effect or to be deemed to have taken effect at the date of the applicant attaining the age of eighteen years and if such person has been resident in the Islands for at least five years out of the seven years immediately preceding the date of application, and for the purpose of such periods any period spent abroad solely for the purpose of attending a recognized educational establishment shall not be considered as absence from the Islands for the purposes of this subsection, such application shall be granted by the Board unless the Board considers there are exceptional circumstances why it should not be granted.

(12)Upon the death of a person of Caymanian status leaving a spouse him or her surviving who is not of Caymanian status but who has been ordinarily resident in the Islands during the period of six months immediately preceding such death, such spouse, upon application to the Chief Immigration Officer in that behalf, shall be granted permission to reside permanently in the Islands:

PROVIDED that if after the grant of permission under this subsection such spouse marries a person who does not possess Caymanian status such permission may be terminated by the Board.

19. Procedure of the Board in considering applications for a grant.

(1)Applications under section 18 shall be in the prescribed form and shall be accompanied by the prescribed fee. The application shall be made in duplicate and shall state whether or not the applicant wishes to be heard in person.

(2)A copy of every application shall be forwarded by the Secretary to the Commissioner of Police who may make such representations to the Board as he may deem proper.

(3)Where the applicant has requested to be heard in person, the Board, at its discretion, may or may not accede to such request.

(4)In granting or rejecting an application under section 18 the Board shall be deemed to act administratively and not judicially and shall not be bound to give reasons for its decision, but shall inform the applicant of his right of appeal under section 11.

(5)The Board shall grant Caymanian status in accordance with a quota to be fixed by the Governor, which quota shall be gazetted.

(6)Where an application has been rejected, the applicant shall not be permitted to make any further application until after the lapse of one year from the date of the communication of the decision or, if the Board so orders, the lapse of two years from the date of such communication.

20. Evidence of Caymanian status by grant.

(1)The Secretary shall keep a record of every application for a grant of Caymanian status and the result thereof. A grant of Caymanian status shall be evidence ' d by a certificate under the hand of the Chairman or by the Governor as the case may be which shall be in the following form-

THE CAYMANIAN PROTECTION LAW, 1984 (Section 20)
THIS IS TO CERTIFY THAT _______________ of ___________ has with effect from this day been granted Caymanian status for all purposes of the above Law.
Dated this _____ day of _________
Chairman of the Caymanian Protection Board/Governor.

(2)A copy of the certificate shall be sent by the Secretary to the Government Statistician and to the Chief Immigration Officer and the name of the grantee shall be published in the Gazette. The Secretary shall also retain a copy in the grantee's record.

(3)Until the certificate is forfeited or revoked under the provisions of this Law, the certificate shall be prima facie evidence that the grantee is a person of Caymanian status.

(4)In the event of the grantee's certificate becoming lost or destroyed, it shall be lawful for the Secretary to issue a duplicate thereof on payment by the grantee of the prescribed fee

21. Loss of Caymanian status.

(1)Any person who possesses Caymanian status shall cease to possess or enjoy that status in any of the following circumstances, that is to say-

(a)in any case where he ceases to be an eligible person:

PROVIDED that this paragraph does not apply to a person to whom status has been granted under section 18(3);

(b)in any case where, having acquired Caymanian status by grant as mentioned in section 18 by reason of the grant of a certificate of Caymanian status by the Board, he has subsequently been ordinarily resident outside these Islands continuously for a period of five years or acquires a domicile other than a domicile in the Cayman Islands;

(c)in any case where, being a person having acquired Caymanian status as mentioned in section 18 (5) by virtue of being married to a spouse who possesses Caymanian status-

(i)the spouse ceases to possess Caymanian status; or

(ii)within ten years from the date that he is deemed to possess Caymanian status-

(a)he commences to live apart from the spouse under a decree of a competent court or under a deed of separation; or

(b)he ceases to be married to the spouse by reason of the dissolution or annulment of the marriage;

(d)in any case where, being a person having acquired Caymanian status as mentioned in section 18 (6) by virtue of being the widower or widow of a person who possessed Caymanian status, he has subsequently to the death of the spouse been ordinarily resident outside these Islands continuously for a period of five years or acquires a domicile other than a Cayman Islands domicile;

(e)in any case where, being deemed to possess and enjoy Caymanian status as mentioned in section 14(2) by virtue only of being the child or step-child or adopted child of a person who possesses Caymanian status-

(i)his parent or step-parent or adopted parent himself ceases to possess Caymanian status;

(ii)he is adopted in such circumstances that he has no parent who possesses Caymanian status; or

(iii)he had not been ordinarily resident in the Islands for a period of seven years immediately before he reaches the age of eighteen years.

(2)For the avoidance of doubt ¡t is hereby declared that, except in the circumstances mentioned in subsection (1)(a), a person shall not cease to possess Caymanian status only by reason of the operation of any of the remaining paragraphs of that subsection if he possesses, by virtue of any circumstances other than the circumstances mentioned in that paragraph, Caymanian status; and in any such case such person shall continue to possess and enjoy Caymanian status accordingly.

(3)Without, prejudice to anything in the foregoing provisions of this section, the Board may by order deprive any person who has been granted Caymanian status under the provisions of section 18 of this Law or of section 18 of the Caymanian Protection Law (Revised) of his Caymanian status if the Board is satisfied that the grant of Caymanian status was obtained by means of fraud, false representation or the concealment of any material fact.
(amended by the Caymanian Protection (Amendment) Law, 1987)

With respect to any such order as aforesaid the following provision shall have effect, that is to say-

(a)the Board shall by notice inform the person affected of the order and of his right of appeal to the Governor as hereinafter provided; and

(b)if the person affected is aggrieved by the order he may subject to the provisions of section 11, appeal to the Governor against the order;

(c)in the event of there being no appeal or if an appeal is disallowed the Board shall notify the Government Statistician and the Chief Immigration officer of the-order and shall cause notice thereof to be published in the Gazette.

(4)Any person who, having possessed Caymanian status, ceases by virtue of any of the foregoing provisions of this section to possess or to be deemed to possess, Caymanian status, shall for the purposes of this Law be treated as if he had never acquired, possessed or enjoyed Caymanian status; and the provisions of this Law shall thenceforward apply and have effect accordingly.

(5)Nothing in the foregoing provisions of this section shall have effect so as to preclude a person who has, by virtue of such provisions, ceased to possess Caymanian status from, applying to the Board for the grant of Caymanian status under section 18.

(6) Notwithstanding anything contained in subsection (2) of section 78, it is hereby declared that- (a)paragraph (b) of subsection (1) also applies to persons granted Caymanian status under section 18 of the Caymanian Protection Law (Revised); (b)paragraphs W and (d) of subsection (1) also apply respectively to persons deemed to possess and enjoy Caymanian status under subsections (2) and (3) of section 14 of the Caymanian Protection Law (Revised).
(inserted by the Caymanian Protection (Amendment) Law, 1987)

22. Powers of Court.

(1)Where any grantee of Caymanian status under section 18 of this Law or under section 18 of the Caymanian Protection Law (Revised) is, within seven years of such grant, convicted by any Court of an offence which in the opinion of the Court-
(amended by the Caymanian Protection (Amendment) Law, 1987)

(a)is a matter of gravity; or

(b)was made possible by or was facilitated by or was connected with the offender's Caymanian status,

the Court may, in addition to any other punishment inflicted, make a recommendation that the offender shall forfeit his Caymanian status, and in such case shall direct the Clerk of the Court to give notice of the recommendation to the Secretary.

(2)The Board may on receipt of such notice make an order revoking the offender's grant of Caymanian status.

PART IV-Gainful Occupation of Persons of Non-Caymanian Status

23. Persons exempted

This Part shall have no application to-

(a)persons certified by the Governor to the Board to be-

(i)persons employed by the Government of the Cayman Islands, in respect of their employment;

(ii)persons employed in the Cayman Islands by the Government of the United Kingdom;

(iii)consular officers and their staffs;

(iv)accredited representatives or agents of a government of any part of the Commonwealth; or

(v)members of Her Majesty's armed forces;

(b)such persons as may from time to time be declared by the Governor to be exempt for any purpose either unconditionally or subject to such conditions as may be prescribed-,

(c)members of the crew of any vessel that does not operate full-time in the Islands, whilst engaged in their duties as such;
(amended by the Caymanian Protection (Amendment) Law, 1988)

(d)such other class or classes of persons as may from, time to time be prescribed.

24. Licence required for gainful employment of persons of non-Caymanian status.

Save as otherwise provided by this Law, no person of non-Caymanian status shall be gainfully occupied in the Islands unless licensed in that behalf by the Board.

25. Application for licence.

An application for a gainful occupation licence shall be made to the Chairman, through the Secretary, by the person seeking the licence, or by the prospective employer of such person

26. The form of the application.

Such application shall be in the prescribed form and shall be accompanied by the prescribed fee and such other documentary evidence as may be prescribed.

27. Consideration of the application by the Board.

(1)The Board, in considering any application under section 25 shall, subject to any general directions which the Governor may from time to time give in respect of the consideration of such applications, take particularly into account-

(a)the character, reputation and health of the applicant, and, where relevant, of any member of his household;

(b)the professional or technical qualifications of the applicant;

(c)the availability of the services of persons already resident in the Islands;

(d)the protection of local interest;

(e)the economic and social benefit which the applicant may bring to the Islands or enhance by his presence;

(f)the sufficiency of the applicant's resources or proposed salary, and the applicant's ability adequately to maintain his dependants;

(g)as to whether the applicant has a sufficient knowledge of the English language;

(h)the hardship that may be caused to a spouse and his dependants; and

(i)generally, the requirements of the community as a whole,

and such other matters as may arise from the application.

(2)Any general directions given under subsection (1) may be published in the Gazette.

28. Board may refuse or grant application subject to conditions.

(1)The Board may in any case either refuse or grant the application subject to any condition or limitation, without assigning any reason for that decision, but shall inform the applicant of his right of appeal under section 11 and where the Board has refused an application without assigning any reason therefore, the failure to assign any reason therefor shall not give rise of itself to a right of appeal under section 11.

(2)On the grant of an application, a licence shall be issued to the applicant in the prescribed form for such period, not exceeding three years, and subject to such conditions or limitations as the Board may determine.

(3)Such licence shall confer upon the licensee upon payment by him of the fee prescribed by the Trade and Business Licensing Law (Revised), the right to be granted a licence under that Law in accordance with the tenor of the licence granted hereunder.

(4)The licence shall contain the names of such members of the household of the licensee in respect of whom permission has been granted by the Board to reside with the licensee during the currency of the licence.

(5)The Board may from time to time extend, revoke, vary or modify the terms of any licence, provided that no licence shall be extended for any period exceeding three years at a time.

(6)Where a licence under subsection (2) has been issued to a person to whom a licence had previously been issued, or where a licence has been extended under subsection (5) such granting of a new licence or such extension shall not give rise to any right to or any expectation of a right to any further new licence or extension of an existing licence thereafter and the Board may in case refuse to grant an application for a further new licence or an extension of such existing licence without any right arising to the applicant therefor to appeal against such refusal either to the Governor in Council or to the Grand Court on the grounds that the previous grantings or extension had given rise to any right to or expectations of a right to further licences.

29. Licence fees.

There shall be paid into the Treasury in respect of every licence granted under this Part such fees as may be prescribed:

PROVIDED that no fee shall be charged in respect of a licence to the spouse of a person possessing Caymanian status.

30. Ofifence to engage in gainful occupation to employ persons in contravention of Part IV.

(1)Whoever engages in any gainful occupation in contravention of any of the foregoing provisions of this Part or fails to comply with any condition or limitation contained in any licence is guilty of an offence:

PROVIDED, however, that where the holder of a gainful occupation licence has during the time when such licence is in force applied to the Board for a new licence on the same terms and conditions as the existing licence and for a period to commence immediately upon the expiration of the existing licence, or for an extension of the existing licence then, if such application has been refused by the Board and an appeal has been made under section 11 to the Governor in Council against such refusal, the applicant shall not be guilty of an offence under this subsection by engaging in such gainful occupation as he had heretofore been allowed to do, notwithstanding that the original licence had expired, from the time when such original licence expires until the determination of the appeal has been notified to him.

(2)Whoever employs another person in such circumstances that the employment of such person is in contravention of any of the foregoing provisions of this Part or of any condition or limitation contained in any licence is guilty of an offence:

PROVIDED that ¡t shall be a good defence for a person charged with an offence under this subsection to prove that he had made reasonable enquiries to determine whether such employment was in contravention of any of the foregoing provisions of this Part, and had no reasonable grounds for believing, and did not in fact believe, that such employment was in contravention of such provisions.

(3)For the purpose of this section a p0erson carrying on or employed in any profession, trade, business or other avocation in or with relation to the Cayman Islands shall be deemed to do so for gain or reward until the contrary is proved.

(4)Whoever acts in contravention of this section, or is reasonably suspected of having so acted or being about so to act, may be taken into custody without warrant by an immigration officer or constable.

PART V-Immigration

31. Application of other laws.

Nothing in this Part shall affect the duty of any person to comply with the laws affecting customs, quarantine, public health and statistics, or with any order of the Governor or of any Court of Law or of a constable in the execution of his duty.

32. General prohibition from entry into the Islands without specific permission of immigration officer.

Without prejudice to any of the succeeding provisions of this Part, or to any provision of any other Part, it is hereby declared that it is an offence for any person other than a person-

(a)who possesses Caymanian status; or

(b)who is in possession of and produces to an immigration officer a certificate in the prescribed form showing him to be-

(i)licensed to carry on a gainful occupation under section 28;

(ii)a person named in a gainful occupation licence as a member of the household of the licensee;

(iii)a member of the household of any person who is exempted under section 23; or

(iv)a person who has been granted permission to remain permanently in the Islands under section 42,

to land in, or having landed, to remain or reside in, these Islands, without in each case specific permission (with or without the imposition of conditions or limitations) being given by an immigration officer.

33. Certain persons deemed not to have entered the Islands.

The crew and passengers in transit in any vessel who do not leave the vessel or who disembark on to and do not leave any place reserved for such crew and passengers in transit at any dock or airport, as the case may be, are deemed not to be persons landing in the Islands:

PROVIDED that a person who is not, bona fide, a passenger in transit in a ship shall be deemed to remain and reside in these Islands if he resides in any vessel (including a yacht or houseboat) within the territorial waters of the Islands.

34. Duty to produce passport, etc.

(1)Every person on landing in and when leaving the Islands shall, if required to do so by an immigration officer, produce for inspection a relevant passport or some other valid document establishing the identity and nationality or place of permanent residence of such person to the satisfaction of an immigration officer, and, in such cases as may be prescribed, a relevant visa.

(2)Any person who fails to comply with any such requirement is guilty of an offence.

35. Prohibited immigrants not allowed to enter.

Notwithstanding the provisions of section 32(b) a prohibited immigrant shall not be allowed to enter the Islands.

36. Prohibited immigrants.

The following persons, not being persons of Caymanian status, are prohibited immigrants-

(a)any destitute person;

(b)any person who is mentally disordered or mentally defective as defined in the Mental Health Law, 1979, or suffers from epilepsy, not controlled by medication, unless in any such case he or a person accompanying him or some other person gives security to the satisfaction of the Chief Immigration Officer for his permanent support in the Islands or for his removal therefrom whenever required by the Chief Immigration Officer;

(c)any person certified by a Health Officer to be suffering from a communicable disease which makes his entry into the Islands dangerous to the community;

(d)any person who is reasonably believed to be a prostitute or to have come to the Islands for the purpose of prostitution, or who is reasonably believed to be living on or receiving or to have lived on or received the proceeds of prostitution;

(e)any person who has previously been deported, removed or repatriated from the Islands;

(f)any member of a class of persons deemed by the Governor on economic grounds or on account of standard or habit of life to be undesirable immigrants and so declared by Order published in the Gazette;

(g)any person who, from information or advice which in the opinion of the Governor is reliable information or advice, is deemed by the Governor to be an undesirable inhabitant of or visitor to the Islands;

(h)any person who, not having received a free pardon, has been convicted in any country of an offence for which a sentence of imprisonment of or exceeding twelve months has been passed otherwise than for non-payment of a fine.

37. Establishment of stop list.

(1)There shall be established by the Chief Immigration Officer a list, in this Law referred to as "the stop list", in which shall be recorded the name of any person known to come within any category in section 36.

(2)It shall be lawful for the Chief Immigration officer to cause copies of the stop list, or notification of the entry in or removal therefrom of any name to be given to the local agent of vessels arriving in the Islands and to bona fide travel agencies.

38. Governor may issue entry permit.

Not with standing any of the provisions of this Part the Governor may in writing under his hand issue a permit for the entry of any person to the Islands and such person shall be admitted accordingly upon such terms as may be specified in the said permit.

39. Entry by persons other than persons of Caymanian status or exempted persons.

(1)Persons other than those referred to in paragraphs (a) and (b) of section 32 and who are not prohibited immigrants, may be granted permission to land and to remain or reside in the Cayman Islands as visitors for a period up to six months, subject to extension from time to time for further periods not exceeding six months on each occasion upon application made to the Chief Immigration Officer in the prescribed manner:

PROVIDED that where the effect of such extensions is that the person to whom permission is granted will be permitted to remain for a period in excess of twelve months in total and upon such per mission being granted the Chief Immigration Officer shall forthwith notify the Board of such extension.

(2)Any permission granted under subsection (1) or any ex tension thereof may at any time be revoked either by the Governor or by the Chief Immigration Officer in person.

(3)The Governor or the Chief Immigration Officer so revoking under subsection (2) shall cause to be served upon the person concerned notice of any such revocation in which shall be specified a time, not being more than fourteen days, within which such person shall be required to leave the Islands.

40. Requirements to be satisfied by visitors

(1)Before granting permission to any person under section 39 an immigration officer may require such person to satisfy him that he is in possession of a paid up return ticket or ticket entitling such person and his dependants, if any, to travel to such person's next destination outside the Islands and is in possession of sufficient funds to maintain himself and his dependants, if any, during the period of his stay in the Islands.

(2)An immigration officer, in accordance with general or special directions of the Governor or the Chief Immigration Officer, may attach such conditions or restrictions as he may think fit to any permission granted to, any person under section 39 and the Governor in respect of his own directions or those of the Chief Immigration Officer or the Chief Immigration Officer in respect of his own directions may at any time vary such conditions or restrictions in such manner as he thinks fit.

(3)Notwithstanding anything in subsection (1) an immigration officer may, as a condition of granting permission to any person under section 39, require such persons to, give the prescribed security; and the Chief Immigration Officer, as a condition of granting a variation of any condition or restriction attached to any such permission, may require such person to, give the prescribed security.

(4)Whoever fails to comply with any condition or restriction imposed as aforesaid is guilty of an offence.

41. Safeguards regarding permission to land, etc.

Without prejudice to any other provisions of this Part, an immigration officer may, for the purpose of deciding whether to, grant permission to any person under section 39 require such person-

(a)to provide evidence of the good character of himself and his dependants;

(b)to undergo a medical examination or furnish a medical certificate with respect to himself and his dependants, if any, acceptable to the immigration officer and with such particulars as the immigration officer may consider necessary;

(c)to furnish such other particulars as may, in the opinion of the immigration officer, be relevant to the application.

42. Grant of permission to remain permanently in the Islands and temporary licences for gainful occupation.

(1)A person to whom permission has been granted to, land, remain or reside in the Islands may at any time after the expiration of six months from the date of such permission and before the expiration of any period granted in extension thereof, apply to the Chief Immigration Officer in the prescribed manner for permission to remain permanently in the Islands. Any such application shall be referred by the Chief Immigration Officer to, the Board which may refuse, defer or grant it either unconditionally or subject to such conditions or restrictions as ¡t may think fit.

(2)

(i) The Chief Immigration Officer may on application made by or on behalf of a visitor who desires to enter or remain in the Islands temporarily for the purpose of any gainful occupation grant to such visitor a temporary licence in the prescribed form on payment of the prescribed fee.

(ii)A temporary licence granted under the preceding paragraph shall be for such period not exceeding thirty days as the Chief Immigration Officer may think fit but may be extended by the Board on application made in the prescribed manner and on payment of the prescribed fee for such further period not exceeding sixty days as the Board may think fit.

(3)After the coming into operation of this Law, every person-

(a)who was granted such a right under section 43(3) of the Law repealed by section 79 hereof-, or

(b)who becomes a British Dependent Territories Citizen by registration by entitlement under the British Nationality Act 1981,or any Act replacing or amending that Act,

shall have the right to remain permanently in the Cayman Islands, but shall not, unless exempted under section 23 or permitted under section 43(1) and subject to the preservation of any existing right to engage in trade, business or gainful occupation, enjoyed immediately before registration, be entitled to engage in any trade, business or gainful occupation without the issue of a trade and business or a gainful occupation licence, and shall cease to have such right in any of the following circumstances, that is to say-

(i)in any case where he ceases to be a British Dependent Territories Citizen:

(ii)in any case where he has subsequently been ordinarily resident outside of the Islands continuously for a period of five years or acquires a domicile other than a domicile in the Cayman Islands, unless the Governor rules otherwise;

(iii)in any case where the Governor is satisfied that the grant of the certificate was obtained by means of fraud, false representation or the concealment of any material fact;

(iv)in any case where he engages in gainful occupation or any trade or business without the permission of the Board.

43. Permanent resident permitted to have gainful occupation.

(1)Where a grant of permission to remain permanently in the Islands is made under section 42(1) or where a person is entitled to remain permanently in the Islandsundersection42(3) and the person in respect of whom such grant has been made or entitlement exists has been residing in the Islands for a continuous period of two years past, then such grant may be endorsed or entitlement varied by the Board so as to permit the person to engage in gainful occupation of such type, at such place, for such period and under such other conditions as may be specified by the Board.

(2)In granting such permission, the Board shall give consideration to the provisions of section 27(1), 28(1) and 29.

(3)Any person to whom permission to engage in gainful occupation has been given under subsection (1) who engages in any other gainful occupation or in a manner, place or contrary to the conditions specified shall be guilty of an offence and liable on sum extended by the Board on application made in the prescribed manner and on payment of the prescribed fee for such further period not exceeding sixty days as the Board may think fit.

(4)After the coming into operation of this Law, every person-

(a)who was granted such a right under section 43(3) of the Law repealed by section 79 hereof-; or

(b)who becomes a British Dependent Territories Citizen by registration by entitlement under the British Nationality Act 1981,or any Act replacing or amending that Act,

shall have the right to remain permanently in the Cayman Islands, but shall not, unless exempted under section 23 or permitted under section 43(1) and subject to the preservation of any existing right to engage in trade, business or gainful occupation, enjoyed immediately before registration, be entitled to engage in any trade, business or gainful occupation without the issue of a trade and business or a gainful occupation licence, and shall cease to have such right in any of the following circumstances, that is to say-

(i)in any case where he ceases to he a British Dependent Territories Citizen,

(ii)in any case where he has subsequently been ordinarily resident outside of the Islands continuously for a period of five years or acquires a domicile other than a domicile in the Cayman Islands, unless the Governor rules otherwise;

(iii)in any case where the Governor is satisfied that the grant of the certificate was obtained by means of fraud, false representation or the concealment of any material fact;

(iv)in any case where he engages in gainful occupation or any trade or business without the permission of the Board.

43. Permanent resident permitted to have gainful occupation

(1)Where a grant of permission to remain permanently in the Islands is made under section 42(1) or where a person is entitled to remain permanently in the Islands under section42(3) and the person in respect of whom such grant has been made or entitlement exists has been residing in the Islands for a continuous period of two years past, then such grant may be endorsed or entitlement varied by the Board so as to permit the person to engage in gainful occupation of such type, at such place, for such period and under such other conditions as may be specified by the Board.

(2)In granting such permission, the Board shall give consideration to the provisions of section 27(1), 28(1) and 29.

(3)Any person to whom permission to engage in gainful occupation has been given under subsection (1) who engages in any other gainful occupation or in a manner, place or contrary to the conditions specified shall be guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding six months or to both such fine and imprisonment, and the permission under section (1) to engage in gainful occupation shall forthwith be revoked by the Board.

44. Loss of permanent residence.

The Board shall declare that any person who has been granted permission to remain permanently in the Islands has ceased to enjoy such permission in any of the following circumstances, that is to say-

(a)he has been ordinarily resident outside the Islands continuously for a period of one year;

(b)where ¡t comes to the knowledge of the Board that the information given in his application for permission to remain permanently in the Islands has been false in any material particular or has concealed any material fact;

(c)if having been granted permission to remain permanently in the Islands and engage in a gainful occupation as specified in the grant of permanent residence, he engages in the Islands in any gainful occupation other than that so specified or in breach of any terms of such permission;

(d)he has been convicted of an offence under section 43 of this Law;

(e)he is convicted within the Islands of any offence in respect of which a term of imprisonment of or exceeding one year, otherwise than only in default of payment of a fine, has been imposed; or

(f)he engages in any subversive activity or performs any act contrary to the peace and good government of the Islands.

45. Detention of persons who have been refused permission to land.

(1) Where permission to land is refused to any person or where fused permission to such permission is deferred in pursuance of section 41, such person may, with the leave of an immigration officer, be detained temporarily at some place approved by the Governor and whilst so detained shall be deemed to be in legal custody and not to have landed.

(2)A person liable to detention or detained under subsection (1) may, with the leave of an immigration officer, be temporarily granted permission to land without being detained or, if detained under that subsection, may be released from detention, pending a decision whether to grant him permission under section 39, but this shall not prejudice a later exercise of the power to detain him.

(3)For so long as a person has been temporarily granted permission to land under subsection (2), he shall be subject to such conditions as an immigration officer may determine.

(amended by the Caymanian Protection (Amendment) Law, 1987)

46. Duty of local agent of vessel to give notice of arrival.

(1)It is the duty of the local agent of every vessel arriving in these Islands to give adequate and timely notification of the arrival of the vessel to the Chief Immigration Officer or to any immigration officer designated by the Chief Immigration Officer in that behalf, and if required, to furnish such particulars as he may then have in his possession regarding the passengers or crew on board such vessel.

(2)Whoever fails to comply with any of the foregoing provisions of this section, or with any requirement duly given thereunder, is guilty of an offence.

47. Control of landing from vessels.

It is an offence for the master of any vessel to cause or allow any passenger or member of the crew or other person on board the vessel to land in the Islands before permission generally to land has been given by an immigration officer:

PROVIDED that ¡t shall be a good defence to a person charged with an offence under this section to prove that any such landing took place in an emergency, and was, at the earliest time practicable, notified to an immigration officer.

48. Inward passenger and crew manifests.

(1)It is the duty of the master and the local agent of every vessel arriving in the Islands, prior to the arrival of such vessel or as soon as practicable thereafter, to deliver to an immigration officer lists showing separately -

(a)the names and particulars of the passengers on board the vessel;

(b)the names of the passengers whose intention it is to disembark at the Islands;

(c)the names and particulars of the crew of the vessel; and

(d)the names and particulars of any other persons on board the vessel.

(2)Whoever fails to comply with the provisions of subsection (1) guilty of an offence.

49. Outward passenger and crew manifests.

(1)It is the duty of the master and local agent of every vessel leaving the Islands, unless excused from so doing by the Chief Immigration Officer, to deliver to an immigration officer prior to the departure of such vessel, lists showing separately -

(a)the names and particulars of the passengers on board the vessel;

(b)the names and particulars of the crew of the vessel;

(c)the names and particulars of any other persons on board the vessel.

(2)Whoever fails to comply with subsection (1) is guilty of an offence,

50. Government vessels.

Sections 46,47,48 and 49 shall not apply to any Government controlled vessel, provided, however that the master thereof shall furnish the Chief Immigration Officer with such particulars as he may require.

51. Duties of the Chief Immigration Officer and of arriving passengers

It is the duty of the Chief Immigration Officer to ensure that every vessel arriving in the Islands is met by an immigration officer and it is the duty of every passenger disembarking from such vessel to report to an immigration officer upon arrival.

52. Disembarkation and embarkation cards

(1)Whoever landing in or leaving the Islands fails to complete and hand to an immigration officer immediately on arrival or departure a disembarkation card of embarkation card, as the case may be, in the prescribed form is guilty of an offence.

(2)It is the duty of the Chief Immigration Officer to cause records to be kept and maintained of the entry of all persons into these Islands, and of the departure of all persons from the Islands.

(3)Without prejudice to anything in the Evidence Law, 1978, any such record shall be received in evidence in any court or in any tribunal whatsoever in the Islands as evidence, prima facie, of any entry or particular entered therein.

53. Duty with respect to removal of persons landing unlawful or in respect of whom permission to land is refused.

(1)In any case where-

(a)a person lands in the Islands in contravention of or without complying with any of the provisions of this Law; or

(b)a person is refused permission to land,

it is the duty of the master of the vessel in which such person arrived to receive him on board the same vessel and take him away from the Islands, or, if the vessel has already left or is delayed then it is the duty of the master of any subsequent vessel, owned or operated by the same company as owned or operated the vessel by which such person arrived in these Islands, departing from the Islands, to receive him on board that vessel and take him away from the Islands or, with the approval of the Chief Immigration Officer, make other suitable arrangements for his departure from the Islands.

(2)A master of a vessel who refuses to receive any such person and take him away from the Islands as required by subsection (1) is guilty of an offence.

(3)Any such person may be detained by an immigration officer or constable in such manner and in such place as may be directed by the Governor until he can be received on board a vessel and whilst so detained shall be deemed to be in lawful custody.

(4)The owner, operator, master and local agent of any vessel from which any such person landed as aforesaid shall be jointly and severally liable to the Governor for all charges incurred in respect of the maintenance of such person while remaining in the Islands or of his subsequent repatriation, removal or deportation from the Islands whether in the vessel from which the person was landed or by some other carrier.

(5)The foregoing provisions of this section apply not only to a person referred to in subsection (1) but to the dependants of such person as well.

54. Register to be kept and particulars furnished by hotel keepers and others.

(1)It is the duty of the keeper of any premises to which this section applies to keep a register in the prescribed form and containing the prescribed particulars of all persons staying at the premises who are not persons of Caymanian status.

(2)The keeper of any such premises shall, if directions for the purpose are issued by the Governor, make to the Chief Immigration Officer such returns concerning the persons staying at the premises, at such times and in such form as may be specified in such directions.

(3)It is the duty-

(a)of every person (whether of Caymanian status or not) staying at any such premises to sign, when so required, a statement as to his nationality, and, if non-Caymanian status, to furnish and sign a statement of the particulars required under this section;

(b)of the keeper of any such premises to require any person who stays at the premises to sign the statement and furnish the particulars required from him under this section and to preserve such statements (including any statements supplied under this section to any previous keeper of the premises) for a period of two years from the date when the statements were signed.

(4)Every register kept, and all particulars furnished, under this section shall at all reasonable hours be open for inspection by any constable or by any immigration officer or by any person authorised by the Governor.

(5)This section applies to any premises, whether furnished or unfurnished, where lodging or sleeping accommodation is provided for reward.

(6)Any breach of any duty imposed by this section is an offence.

55. Register of persons of non-Caymanian status.

(1)There shall be provided and maintained by the Chief Immigration Officer under the direction of the Governor a central register of persons of non-Caymanian status in which there shall be registered such particulars and in such form as may be prescribed.

(2)

(a) For the purposes of this Law the Chief Immigration Officer shall be the registration officer for the Islands and such other officers as may be appointed by the Governor shall be district registration officers for any district or other part of the Islands.

(b)A district registration officer shall-

(i)keep for his registration district a register of persons of non-Caymanian status resident therein and required to be registered under this Law, and enter in the register such particulars and in such form as may be prescribed; and

(ii)furnish to the Chief Immigration Officer for the purposes of the central register at such times and in such manner as may be prescribed, copies of all entries in the register or such of them as may be prescribed.

56. Offences relating to illegal landing and powers of arrest.

(1) Whoever-

(a)lands or attempts to land in these Islands;

(b)does any act preparatory to landing in these Islands; or

(c)remains or resides in these Islands,

where such landing, remaining or residing is or would he in contravention of any provision of this Part, is guilty of an offence.

(2)Whoever-

(a)knowingly assists any person to land in these Islands;

(b)connives in the landing in these Islands of any person; or

(c)wilfully does any act preparatory to the landing in these Islands of any person,

where such landing is, or would be, in contravention of any provision of this Part, is guilty of an offence.

(3)An immigration officer or constable may arrest without warrant any person who has committed or whom he reasonably suspects to have committed an offence under this Part.

(4)A person who has been convicted of an offence contrary to subsection (1) (c) may be detained in such place and in such manner and for such period not exceeding seven days as the Chief Immigration Officer may direct if it is the intention of the Chief Immigration Officer to recommend the making of a deportation order in respect of such person.

57. Re-entry permits.

(1) Whoever is, for the time being, entitled by any provision of this Law, or permitted by reason of the exercise of any power thereunder, to enter or re-enter the Islands may apply to the Chief Immigration Officer for the issue of a re-entry permit.

(2)The Chief Immigration Officer shall, in respect of a person entitled in pursuance of the provisions of subsection (1) issue an entry or re-entry permit in the prescribed form and on payment of the prescribed fees, valid for such period as the applicant is, at the time of issue, entitled to enter and re-enter these Islands:

PROVIDED that nothing in the foregoing provisions of this section shall have effect so as to authorize any person to land in the Islands, notwithstanding his possession of a valid re-entry permit, if he has, since the issue of the permit, become a person who may be refused permission to land in the Islands.

PART VI-Deportation

58. Non-application of Part VI as respects persons possessing Caymanian status.

Nothing in this Part shall apply or have effect so as to authorize or empower the making of a deportation order in respect of any person having Caymanian status or a person entitled to remain permanently in the Cayman Islands by virtue of the provisions of section 42(3)

59. Report preliminary to deportation order.

(1) No deportation order shall be made under this Law, otherwise than in the case of a convicted and deportable person or of a person who has been convicted of an offence contrary to section 56(1)(c) or of a person who has been sentenced in the Islands to, imprisonment for a term of not less than six months unless a magistrate shall have reported on the case and the Governor, having had regard to the findings of fact, any conclusions of law and any recommendation contained in such report, is satisfied that such order may fitly be made

(2)Where it is intended to, take proceedings against, any person for the purpose of obtaining a report under subsection (1) a notice shall be served upon such person, giving him reasonable information as to the nature of the facts alleged against him and the grounds upon which ¡t is alleged that a deportation order should be made and requiring him to show cause why such order should not be made and naming the time and place for his appearance before a summary court in that behalf. If such person should fail to, appear at the time and place so named the court may issue a warrant for his arrest.

(3)In every proceeding under subsection (2) the court shall take such evidence on oath of the parties (who may be represented by counsel), and their witnesses as may be tendered in chief and upon cross-examination and re-examination and, after considering the evidence adduced before him and making any further investigations which he may consider to be desirable, shall report to the Governor setting out his findings of fact, conclusions of law, if any, and making such recommendation as he thinks fit. During the proceedings and pending the decision of the Governor, the court may order the person subject of the report to be detained in legal custody or released on bail at his discretion.

60. Power of Governor to make deportation order.

(1) Subject to sections 58 and 59, the Governor may, if he thinks fit, make a deportation order in respect of any person who is -

(a) a convicted and deportable person;

(b)an undesirable person;

(c)a destitute person;

(d)a prohibited immigrant who has entered the Islands contrary to the provision of this Law;

(e)a person whose permission to land and to remain or reside in the Islands or any extension thereof has expired or has been revoked and who fails to leave the Islands; or

(f)a person in respect of whom the Governor considers it conducive to the public good to, make a deportation order.

(2)The Governor shall report any deportation order made by him to the Secretary of State for Foreign and Commonwealth Affairs.

61. Form of deportation order, power of revocation, variation, etc.

(1) A deportation order shall be in such form, as the Governor may approve.

(2)The Governor may at any time revoke a deportation order or vary or modify its terms so as to permit the person in respect of whom ¡t is made to enter the Islands for such purpose and subject to such conditions as may be specified.

62. Service of deportation order and power to detain deportees.

(1) A deportation order shall be served upon the person to whom it is directed by any immigration officer or constable.

(2)A person in respect of whom a deportation order is made or a certificate is given by a court with a view to, the making of a deportation order may be detained in such manner and in such place as may be directed by the Governor and may be placed on board a vessel about to leave the Islands, and shall be deemed to be in lawful custody whilst so detained and until the vessel finally leaves these Islands.

63. Duty to comply with deportation order.

(1) A person in respect of whom a deportation order is made shall leave the Islands in accordance with the terms of the order, and shall thereafter so long as the order is in force remain out of the Islands.

(2)Whoever contravenes this section is guilty of an offence.

(3)Whoever returns to these Islands in contravention of a deportation order is guilty of an offence and may again be deported under the original order, and the provisions of section 62(2) shall apply accordingly in respect of such person.

64. Duty to afford transportation of deportee to place outside the Islands.

(1) The master of a vessel about to call at any place outside these Islands shall, if so required by the Governor or by an immigration officer, receive a person against whom a deportation order has been made and his dependants j any) on board the vessel, and shall afford him and them a passage to that place and proper accommodation and maintenance during the journey.

(2)Whoever fails to comply with any requirement of subsection (1) is guilty of an offence.

(3)The Governor may apply any money or property of a person against whom a deportation order has been made, in payment of the whole or any part of the expenses of or incidental to the journey from the Islands and of the maintenance until departure, of such person and his dependants (if any).

(4)Except so far as they are defrayed under subsection (3) any such expenses shall be payable out of public funds.

65. Harbouring deportee.

Whoever without lawful excuse knowingly harbours or conceals any person who is in the Islands in contravention of a deportation order is guilty of an offence.

66. Arrest of person contraventing, etc., Part VI.

Whoever acts in contravention of any of the provisions of this Part, or is reasonably suspected of having so acted, or being about so to act, may be taken into custody without warrant by an immigration officer or constable.

67. Evidence in proceedings taken under Part VI.

In any proceedings taken under, or in connection with, any of the provisions of this Part-

(a)the burden of proof that a person charged is exempted from the application of this Part by virtue of the provisions of section 58 shall be upon such person;

(b)any document purporting to be a deportation order shall, until the contrary is proved, be presumed to be such an order; and

(c)any deportation order shall be presumed, until the contrary is proved, to have been validly made and to have been made on the date upon which it purports to have been made.

68. Transitional provisions.

Any deportation order made under any other law and in force immediately before the date on which this Law comes into operation, shall for the purpose of this Law be treated as if it had been made under this Part, and shall continue to have effect accordingly.

69. Proceedings to be sanctioned by Attorney-General.

No proceedings shall be instituted under this Part except by the Attorney-General or with his previous sanction in writing.

PART VII-General

70. Identification cards.

(1) Any person-

(a)to whom a gainful occupation licence has been issued under section 28;

(b)to whom a grant of permission to remain permanently in the Islands has been made under section 42(1) and who has been permitted to engage in a gainful occupation under section 43; or

(c)who is entitled to remain permanently in the Islands under section 42(3) and who has been permitted to engage in a gainful occupation under section 43,

shall, at the time of the granting of such gainful occupation licence or permission to engage in a gainful occupation as the case may be, have issued to him a gainful occupation identification card.

(2)Any person to whom an identification card has been issued shall produce such card for inspection upon demand being made in such regard by any police constable, immigration officer or labour officer or, if at the time of the making of such demand the identification card is not in the possession of the holder, shall produce the same for inspection within forty-eight hours at such place as the person lawfully making the demand shall specify.

(3)Any person who contravenes the provisions of subsection (1) or (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a period of not exceeding six months or to both such fine and imprisonment

71. Regulations

(1)The Governor may make regulation generally for administering the provisions of this Law and for giving effect to its objects, purposes and intentions, or with respect to any matter or thing by or under this Law which may be or is to be prescribed by regulations.

(2)Without prejudice to the generality of the power conferred by subsection (1), regulations may be made under this section-

(a)authorising the taking, in relation to any person who is in custody, of all such steps as may be necessary for photographing, measuring, taking the fingerprints of, or otherwise identifying, that person in such manner as may be provided by the regulations;

(b)prescribing the forms, notices, certificates, licences, permits, warrants, books, registers or other documents to be used and the particulars to be given in connection with this Law;

(c)prescribing the fees to be payable in respect of any application, licence or permit granted or any certificate or other document issued under this Law and the circumstances under which such fees may be abated or waived;

(d)prescribing the amount and nature of any security to be furnished for the due carrying out of any condition which may be attached to the grant of any licence or permit, or to the issue of any certificate or other document under this Law; and

(e) prescribing the countries a national of which on landing in the Islands shall produce a visa.

(3)The Governor may from time to time issue policy directions to the Board and to the Chief Immigration Officer for their guidance in the exercise of their respective powers, duties and functions under this Law and it shall be the duty of the Board and the Chief Immigration Officer to put into effect and to carry out such directions.

72. Power to put questions and require production of documents.

(1) It shall be lawful for the Board, or for any immigration officer or constable or for any other person lawfully acting in the execution of any of the provisions of this Law-

(a)to put any question to any person, being a question reasonably required in connection with the proper discharge of their or his functions under this Law; and

(b)to require any person to produce for inspection any licence, certificate, permit, gainful occupation identification card or other document which he may have in his possession or under his control, being a document of which the inspection is reasonably required in connection with the proper discharge of such function as aforesaid.

(2)Whoever fails without lawful excuse (the proof of which shall be upon him) to answer fully and truthfully to the best of his knowledge and belief any such question, or to produce for inspection any such document, is, without prejudice to anything in section 74, guilty of an offence.

(3)Any power to require the production of a document for inspection shall be construed as including a power to take copies of such document, and to retain such document for a reasonable time for such purpose.

73. Obstruction of persons acting in execution of Law.

(1) Whoever wilfully obstructs or impedes any immigration officer, constable or other person acting in the execution of his duty under this Law or any regulations thereunder, is guilty of an offence.

(2)Whoever acts in contravention of this section, or is reasonably suspected of having so acted or being about so to act, may be taken into custody without warrant by an immigration officer or constable.

74. Offences relating to false statements, use of false documents, etc.

(1) Whoever-

(a)in connection with the carrying into effect of any of the purposes of this Law, makes or causes or allows to be made any return, statement or representation which is false in a material particular and which he knows to be false or which he does not believe to be true;

(b)without lawful excuse (the proof of which shall be upon him) alters or causes or allows to be altered any certificate, licence, permit or other document issued under this Law, or

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(c)any order or direction given under this Law shall be presumed until the contrary is proved, to have been validly given and to have been given on the date on which ¡t purports to, have been given.

(2)In this section any reference to the giving of an order shall be construed as including a reference to the making of an order, and to the giving of a direction or a decision, and to the imposing of a requirement.

78. Savings.

(1) Nothing in section 14 or in the definition of "domicile" contained in section 2 confers any right or privilege upon any person which such person would not have possessed at the coming into operation of this Law.

(2)Nothing in this Law affects the rights of any person with respect to, Caymanian status existing prior to, the date on which this Law comes into operation.

79. Repeal.

The Caymanian Protection Law (Revised) is repealed.

Passed the Legislative Assembly this 14th day of September,1984.

President

Clerk of the Legislative Assembly

 

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