Turks and Caicos Islands: Immigration Ordinance 1971

PART I
Introductory.

1.Short title and commencement.

This Ordinance may be cited as The Immigration Ordinance 1971 and shall come into force on such date as the Administrator may by Notice in the Gazette declare.

2.Interpretation

(1)In this Ordinance unless the context otherwise requires:

"authorised port" means a port designated as an authorized port under the provisions of Section 3;

"Belonger" means a person who has Belonger status under subsection (2) or a person referred to in subsection (3);

"Board" means the Turks and Caicos Islands Immigration Board established under Party IIA;

"child" means a person under the age of eighteen years who is the child, stepchild, legitimated child or lawfully adopted child of any person, and "children" shall be construed accordingly;

"Commonwealth Citizen" means a person who has the status of a Commonwealth Citizen under the British Nationality Act 1981 of the United Kingdom;

"Directory" means the Director of Immigration appointed as such under section 4 and includes any person for the time being lawfully exercising the functions of that office;

"'gainful occupation' means, the occupation of a person in any capacity in any undertaking, profession, trade or business for or in the expectation of profit, gain or reward in cash or kind or for any other form of consideration.

"Immigration Officer" includes the Director and any person appointed under the provisions of the Ordinance to be an Immigration Officer;

"Labour Commissioner" means the person appointed as the Commissioner of Labour under section 26 of the Employment Ordinance 1988 (No 17 of 1988) and includes any assistant or deputy to the Commissioner or any inspector appointed under that section of that Ordinance;

"land" means land from a ship or aircraft and any reference to "land" shall be construed as including a reference to attempting to land; "lien" in relation to any ship means a maritime lien;

"member of the crew" in relation to a ship or aircraft, means any person actually employed in the working or service of the ship or aircraft, including the master of the ship or the commander of the aircraft;

"Minister" means the Minister to whom has been assigned responsibility for immigration;

"passenger" means any person arriving in or departing from the Islands in any ship or aircraft other than a member of the crew;

"permanent residence certificate" means a certificate issued by the Governor under the provisions of section 10 of this Ordinance enabling a person permanently to reside in the Islands;

"police officer" has the meaning ascribed thereto by the Police Ordinance;

"port" includes airport;

"reside" and all its connotations shall mean physical presence and in relation to a period of time shall mean physical presence during that period of time save for reasonable periods of absence for the purposes of holidays, business or medical attention;

"residence permit" means a permit issued to any person under section 23A (1)(i);

"ship" means every description of vessel used in navigation however propelled;

"stop list" means the list maintained by the Director under Section 17.

"work permit" means a permit issued to any person under section 23A (1) (ii)

(2)For the purposes of this Ordinance, a person who has Belonger status is a person who is a Commonwealth Citizen and who

(a)was born in the Islands and whose father and mother were not, at the time of his birth, in theIslands in contravention of any of the provisions of this Ordinance;

(b)was born outside the Islands of a father or mother either of whom was born in the Islands and either of whom was a Belonger at the time of his birth;

(c)was born outside the Islands and lawfully adopted in the Islands by a person who was a Belonger at the time of his adoption;

(d)has been granted Belonger status by the Governor under section 2A;

(e)is the dependent child of a person to whom any of the foregoing paragraphs apply;

(f)being a woman to whom none of the foregoing paragraphs apply, is the wife of a person to whom any of the foregoing paragraphs apply, who is not living apart from such person under a decree of a competent court or deed of separation, and who has resided with such person for not less than five years; or

(g)being a man to whom none of the foregoing paragraphs apply, is the husband of a person to whom any of the foregoing paragraphs apply, who is not living apart from such person under a decree of a competent court or deed of separation, and who has resided in the Islands with such person for not less than five years.

(3)A person who was a Belonger immediately before the commencement of the Immigration (Amendment) Ordinance 1990 shall be deemed to continue to be a Belonger on and after the commencement of that Ordinance.

2AGrant of Belonger status

(1)Upon application being made in writing to the Governor by any person who is in the Islands and -

(a)to whom has been granted a certificate of naturalisation under the British Nationality Act 1981 of the United Kingdom; or

(b)who is a Commonwealth Citizen of not less than eighteen years of age possessing such qualifications as maybe prescribed,

the Governor may subject to this section, grant Belonger status to that person in the form set out in subsection (4).

(1A)The Governor may required a person applying under subsection (1) for the grant of Belonger status to him to pay such fee as a condition precedent to the grant as the Governor thinks fit.

(2)Without restricting the generality of the Governor's discretion under subsection (1), the Governor, in deciding whether to grant Belonger status to any person under that subsection, shall have regard to the following matters, that is to say-

(a)the economic situation of the Islands and the due protection of persons already engaged in gainful occupation;

(b)the character and previous conduct of the applicant;

(c)any advantage or disadvantage which the residence of the applicant may afford the Islands;

(d)the extent to which the applicant has become assimilated into the life and affairs of the Islands;

(e)the financial solvency and domestic stability of the applicant; and

(f)the applicant's ability to communicate in the English language.

(3)The Governor may require an applicant to furnish him with such information as he considers to be relevant to the determination of the application and may, for the purposes of such determination, required the applicant to attend before him in support of his application.

(4)A grant of Belonger status shall be evidenced by a certificate under the public seal and signed by the Governor which shall be in the following form-

THE IMMIGRATION ORDINANCE 1971 (Section 2A)

THIS IS TO CERTIFY THAT of has with effect from this day been granted Belonger status for all purposes of the above named Ordinance.

Dated this day of 19

Governor.

(5)Every certificate granted under this section shall be notified in the Gazette.

(6)The Governor shall furnish the Minister, the Director and the Secretary of the Board with a copy of every certificate granted under this section as soon as is practicable after it has been granted.

(7)The Governor shall not be required to assign any reason for the grant or refusal of an application under this section; and the decision of the Governor on an application under this section shall be final and shall be deemed to be lawful for any purpose whatsoever and, therefore, no court shall have any jurisdiction to review or enquire into that decision or to entertain any action or proceedings in or by which that decision is questioned, reviewed or enquired into.

(8)In this section, "Governor" means Governor in Executive Council.

3.Authorised ports

The Governor may by Notice in the Gazette declare that any port of the Islands shall be an authorised port for the purposes of this Ordinance and may in any such Notice specify in respect of any port so designated the limits of that port as an authorised port.

PART II
Immigration Officers

4.Appointment of Immigration Officers

(1)There shall be a Director of Immigration, who shall be appointed by the Governor, whose office shall be a public office and who shall be responsible, subject to the general direction and control of the Minister, for the management and administration of the department of government responsible for immigration.

(2)The Director shall be a Belonger within the meaning of section 2(2) (a) or (b).

(3)The Director shall attend all meetings of the Board and may take part in any deliberations of the Board, but shall not vote on any matter or question before the Board.

(4)The Director may, in his discretion, put before the Board for its advice any matter relating to the exercise of his functions under this Ordinance.

(4)Such police officers in the Royal Turks and Caicos Islands Police Force as may be designated by the Chief of Police shall be Immigration Officers.

(5)The Governor in his discretion may appoint such number of persons to be Immigration Officers for the purposes of this Ordinance as may from time to time be authorised by the Legislative Council.

5.General Powers of Immigration Officers

(1)For the purpose of exercising his powers and functions and carrying out his duties under this Ordinance, any Immigration Officer may:

(a)board any ship within the territorial waters of the Islands or any aircraft which has landed in the Islands;

(b)without a search warrant, search any such ship or aircraft or anything contained therein or any vehicle being landed in the Islands from any such ship or aircraft;

(c)interrogate any person reasonably supposed not to belong to the Islands or not to be in possession of a permanent residence certificate who:

(i)desires to enter or leave the Islands;

(ii)being in the Islands, is reasonably suspected of having entered without leave in contravention of Section 11;

(iii)having been granted leave to land in the Islands for a specified period is reasonably believed to have remained in the Islands in excess of that period;

(iv)being in the Islands is reasonably believed to be engaging, or to have engaged, in gainful occupation in the Islands without having been granted a permit permitting him so to do under Section 23A;

(CA) without a search warrant, at any reasonable time enter any premises where he reasonably suspects an offence under this Ordinance has been or is being committed, and while on such premises, may inspect the premises and any book or document on the premises which he reasonably requires to inspect for the purpose of ascertaining whether any such offence has been or is being committed;

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

(e)require any person who desires to enter the Islands to submit to be examined by a medical officer appointed in accordance with the provisions of the Medical Ordinance and to undergo and to assist in the carrying out of, any test or investigation which such medical practitioner may require; and

(f)require the master of a ship or captain of an aircraft arriving from or leaving for any place outside the Islands, 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 required.

(2)Any Immigration Officer may, in writing, summon for the purposes of interrogation any person whom he is empowered by paragraph (c) of subsection (1) of this Section to interrogate, and may required 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)Any Immigration Officer investigating any offence or alleged or suspected offence under this Ordinance or any regulations hereunder shall have all the powers, privileges, protections and authorities conferred by law on a police officer for and in relation to the investigation of an offence.

6.Powers of arrest.

If any Immigration Officer or Police Officer has reasonable cause to suspect that any person has committed an offence under this Ordinance or any regulations hereunder and if it appears to him to be necessary to arrest such person immediately in order to secure that the ends of justice for the purposes of this Ordinance shall not be defeated, he may arrest such person without warrant, whereupon the provisions of Section 30 of the Magistrates Ordinance shall apply in every such case.

6.AObstructing an Immigration Officer

Any person who obstructs or impedes any Immigration Officer acting in the execution of his duties under this Ordinance commits an offence against this Ordinance.

7.Penalties for failing to answer interrogations

(1)Any person who:

(a)having been summoned under the provisions of Section 5 (2) without reasonable excuse fails to attend at the time and place appointed; or

(b)refuses or fails to answer fully and truthfully any question or enquiry lawfully put to him in the course of interrogation under the provisions of paragraph (c) of Section 5(1); or

(c)gives any answer which he knows or has reasonable cause to believe to be false or misleading to any such question or inquiry, as aforesaid; or

(d)when required to produce any document under the provisions of Section 5(2), refuses or fails to produce within a reasonable time any such document which it is in his power to produce, or, with the intention of misleading any Immigration Officer produces any document which he knows or has reasonable cause to believe to be false or misleading; or

(e)otherwise knowingly misleads or attempts to mislead any Immigration Officer acting under the provisions of paragraph (c) of Section 5(1) or Section 5(2)

shall be guilty of an offence against this Ordinance.

8.Admissibility of answers given in interrogation

(1)All answers to questions lawfully put in interrogation under paragraph (c) of Section 5 (1) and all documents produced on requisition under Section 5(2) shall be admissible in evidence, in relation to any matter arising under or connected with this Ordinance or any regulations hereunder, in any proceedings to which this Section applies.

(2)This section shall apply to:

(a)any civil proceedings; and

(b)any criminal proceedings in respect of an offence under Section 7 of this Ordinance.

(3)Nothing in this Section shall be construed as rendering any such answer or document inadmissible in evidence in any proceedings in which it would otherwise be admissible.

9.Duty of Customs Officer in administration of this Ordinance

It shall be the duty of every Customs Officer to aid and assist generally in carrying out the provisions of this Ordinance and if any contravention of, or failure to comply with, and of the provisions of this Ordinance or any regulations shall become known to any Customs Officer it shall be his duty to report the same forthwith to an Immigration Officer.

PART IIA
THE TURKS AND CAICOS ISLANDS IMMIGRATION BOARD

9A.Establishment and constitution of the Board

(1)There shall be a Board, to be known as the Turks and Caicos Islands Immigration Board, which shall consist of a Chairman, and not less than five and not more than nine other members.

(2)The Governor shall appoint the members of the Board by instrument in writing to hold office during pleasure for such term not exceeding three years as may be specified in the respective instruments of appointment but members are eligible for reappointment.

(3)All appointments under subsection (2) shall be notified in the Gazette.

(4)A member of the Executive Council or a person who is not a Belonger within the meaning of section 2(2) (a) or (b) is not eligible for appointment as a member of the Board.

(5)The members of the Board shall be paid such remuneration as the Governor may determine.

(6)A member of the Board may resign his office as such with immediate effect by notice in writing delivered to the Governor.

9B.Meetings of the Board; quorum

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

(2)At a meeting of the Board-

(a)a majority of the members appointed constitutes a quorum;

(b)the Chairman, or in his absence, the member elected by the members present and voting to act as Chairman, shall preside; and

(c)all questions shall be decided by a majority of the votes of the members present and voting, and in the event of the votes being equal, the Chairman or presiding member shall have a casting vote.

9C.Standing Orders

Subject to the provisions of this Part, the Board may, with the consent of the Minister, make Standing Orders regulating its procedure.

9D.Secretary of the Board

(1)The Governor shall appoint a public officer to be the Secretary of the Board.

(2)The Secretary of the Board shall attend at all meetings of the Board but shall not vote on any matter or question before the Board.

(3)The duties and functions of the Secretary shall be-

(a)to receive applications for permits under Part V of this Ordinance;

(b)to prepare minutes of the meetings, proceedings and decisions of the Board;

(c)to sign and issue on behalf of the Board all permits or notices of refusal of permits issued or given under Part V of this Ordinance;

(d)to maintain the records of the Board;

(e)such other duties as he may be required by the Chairman of the Board to perform.

(4)As soon as is practicable after every meeting of the Board, the Secretary shall furnish the Minister with a copy of the minutes referred to in subsection 3(b).

9E.Functions and powers of the Board

(1)The Board shall have the following functions -

(a)to consider and decide upon applications made under Part V of this Ordinance;

(b)to advise the Minister or the Director on such matters relating to immigration as the Minister or Director may put before the Board for advice;

(c)such other functions as may be assigned to it by or under this or any other Ordinance.

(2)For the purpose of discharging its functions under subsection (1), the Board may-

(a)summon any person connected in any material way with a matter or question before the Board to attend to give evidence relating to such matter or question;

(b)administer oaths or affirmations;

(c)examine on oath, affirmation or otherwise any person attending before the Board and require such person to answer all questions put to him by the Board;

(d)seek and obtain the advice of any person on any matter or question before the Board.

(3)A person who has been summoned by the Board under subsection 2(a) and who, without reasonable excuse -

(a)fails to attend;

(b)refuses or fails to be sworn or to make an affirmation; or

(c)refuses, fails to answer or does not answer truthfully a question that he is required to answer under subsection 2(c),

commits an offence against this Ordinance.

9F.General policy directions

(1)The Minister, with the consent of the Executive Council, may give directions in writing to the Board, not inconsistent with this Ordinance, in relation to the policy to be pursued by the Board as to the grant or the refusal to grant applications under Part V of this Ordinance.

(2)No question as to whether or not the Board has complied in any particular case with any such directions shall be enquired into by any court.

9G.Secrecy

(1)A member of the Board or a person who is lawfully connected with any business of the Board shall regard and deal with any information relating to the business of any other person which he has obtained by virtue of such membership or connection as secret.

(2)A member of the Board or a person referred to in subsection (1) who discloses or allows to be disclosed any information referred to in subsection (1) to anyone not entitled thereto under this Ordinance or any law commits an offence against this Ordinance.

9H.Financial provisions

All expenses incurred in relation to the activities of the Board or the remuneration of its members shall be defrayed out of moneys provided for the purpose by the Legislative Council.

PART III
Certificate that a person permanently resides in the Islands.

10.Validity and revocation of permanent residence certificate

(1)Upon application to the Governor by any person of the age of twenty one years or upwards who is of good character and who -

(a)has expended the sum of fifty thousand dollars upon investment in the Islands, which investment shall have had the prior approval of the Governor for the purposes of this Ordinance; or

(b)is a member of a profession, trade or business who is in possession of a permit under Section 23A and who has resided in the Islands for a total period of twenty one months in the period of thirty six months immediately preceding his application for a permanent residence certificate; or

(c)resides in a dwelling house or strata lot which he, personally, owns and has so resided in the Islands for a total period of twenty one months in the period of thirty six months immediately preceding his application for a permanent residence certificate and who has not, during his period of residence, engaged in any gainful occupation.

the Administrator shall upon payment of the prescribed fee, grant to that person a certificate enabling that person, subject to the provisions of subsection (4) of this section, to reside permanently in the Islands.

(2)For the purposes of subsection (1) (d) of this Section the term "gainful occupation" shall not include those occupations in the arts specified by the Governor.

(3)A permanent residence certificate issued to a male person shall be deemed to permit the residence in the Islands of his wife and child or children and a permanent residence certificate issued to a female person shall be deemed to permit the residence in the Islands of her husband and child or children.

(4)

(a)A permanent residence certificate granted to any person under the provisions of sub-paragraphs (a) or (b) of subsection (1) of this Section shall permit that person to engage in the gainful occupation, if any, permitted by the permit last issued to him under the provisions of Section 23A and shall be endorsed to that effect, provided that whilst engaged in such gainful occupation the said person shall pay the prescribed annual fee.

(b)A permanent residence certificate granted to any person under the previsions of paragraph (d) of subsection (1) of this section shall not, save as therein provided, entitle that person to engage in any gainful occupation in the Islands without having had issued to him a permit so to do under the provisions of Section 23A.

(c)An endorsement made under paragraph (a) shall be made subject to the conditions or restrictions, if any, subject to which the permit referred to in that paragraph was issued and if the Board is satisfied that the person who holds the permanent residence certificate mentioned in that paragraph has failed to comply with any such condition or restriction, the Board may cancel the endorsement in the same manner as the Board may revoke a permit under section 23G(1) (a) (i).

(5)A permanent residence certificate granted under subsection (1) of Section 10 of this Ordinance may be revoked by order of the Governor on the grounds that the person to whom it was granted:

(a)has shown himself by act or speech to be disloyal or disaffected towards Her Majesty; or

(b)has during any war in which Her Majesty was engaged, unlawfully traded or communicated with an enemy or been associated with or engaged in any business that was to his knowledge carried on in such manner as to assist an enemy in that war; or

(c)has been imprisoned in any country for any of fence; or

(d)has obtained such certificate by means of fraud, false representation or concealment of any material fact; or

(e)has become unable to support himself and his dependants, and is being supported out of public funds; or

(f)subsequent to the grant of the permanent residence certificate such person has ordinarily resided outside the Islands for a period of five years; or

(g)having been granted such certificate under the provisions of subsection (1) (d) of this Section, engaged in a gainful occupation without having first been granted a permit so to do under the provisions of Section 23A.

(6)No order shall be made by the Governor in exercise of the powers conferred by subsection (5) of this Section, unless he has first taken all reasonable steps to give the person against whom the order is proposed to be made a notice in writing of the grounds on which it is proposed to be made and has offered such person an opportunity to be heard.

PART IV
Entry into the Colony.

11.Restriction on Landing and embarking

(1)Subject to the provisions of this Ordinance, a person shall not land in the Islands from any place outside the Islands or embark in the Islands for any destination outside the Islands:

(a)save with the leave of an Immigration Officer;

(b)elsewhere than at any authorised port or at such other place as an Immigration Officer may in any particular case allow.

(2)Any person landing or embarking in the Islands in contravention of this Section shall be guilty of an offence against this Ordinance such fine and imprisonment.

(3)

(a)The Director may by order in writing direct the removal from the Islands of any person, other than a Belonger or person in possession of a valid permanent residence certificate, who has/been convicted of an offence against the provisions of subsection (2) of this Section and such person may, at any time before the expiration of his sentence, be placed on board any ship or aircraft about to leave the Islands and which is specified in the order and shall be deemed to be in legal custody until the departure of such ship or aircraft.

(b)Any person against whom an order is made by the Director under the provisions of the subsection (3) (a) of this section may within seven days next following the date of the service of such order upon him appeal in writing to the Governor against the making of the order, which shall then not be carried out until the decision of the Administrator is known but such person may be detained in such place as the Administrator directs.

(4)The master of any ship or the captain of any aircraft and the owner and any agent of the owner of any ship or aircraft from or in which a person lands or embarks in contravention of the provisions of this Section shall be guilty of an offence against this Ordinance and liable:

(a)on summary conviction to a fine of one thousand dollars or to imprisonment for a term of two years or to both such fine and imprisonment; or

(b)on conviction upon information in the Supreme Court to a fine of five thousand dollars or to imprisonment for a term of five years or to both such fine and imprisonment;

Provided that it shall be a good defence in proceedings against any such master, captain, owner or agent, under this subsection for him to prove to the satisfaction of the court that he did not know and had no means of knowing that such person had so landed or embarked.

(5)In any proceedings under this section evidence that any person found in the Islands is not a Belonger and is not in possession of a valid permanent residence certificate and that there is no record of him having had the leave of any Immigration Officer to land in the Islands shall be evidence of his having landed in the Islands in contravention of this Section until the contrary is shown to the satisfaction of the court.

(6)Notwithstanding anything contained in any other Ordinance concerning the time within which any prosecution must be commenced, a prosecution for an offence against this Section may be commenced at any time.

12.Persons entitled to land and embark.

(1)Notwithstanding any other provision of this Ordinance other than section 15 (2) (a) a person shall be entitled to land or embark in the Islands and shall be permitted by any Immigration Officer so to land or embark, if he satisfies the Immigration Officer that he comes within any of the following categories:

(a)Belonger;

(b)persons in possession of a valid permanent residence certificate;

(c)subject to section 15 (2) (a), persons in possession of a valid permit issued under the provisions of Section 23A;

(d)persons enjoying relevant diplomatic or consular or other similar privileges by virtue of any Ordinance or in accordance with recognised international practice;

(e)serving members of any of Her Majesty's Forces on duty in the Islands;

(f)persons employed in the service of the government of the Islands;

(g)persons employed in the service of any country engaged upon official duties in the Islands;

(i)the husband or wife and children of any person coming within the foregoing categories (e), (f) or (g) whether travelling with or separately from such person.

(2)The burden of proof that any person is a person to whom this Section applies shall lie upon that person.

13.Bona fide visitors

14.Crew members and persons in transit

(1)Subject to the provisions of subsection (2) of this Section the provisions of Section 11 shall not apply to any person who:

(a)being a member of the crew of a ship or an aircraft at a port in the Islands, lands (otherwise than for the purpose of being discharged or after being discharged) at any time while the ship or aircraft remains at that port; or

(b)lands from a ship or an aircraft at an authorised port for the purpose only of immediately embarking and leaving the Islands in another ship or aircraft at that port and remains throughout the period between the landing and embarkation within such limits as may be approved for the purposes by an Immigration Officer.

(2)Notwithstanding anything contained in subsection (1) of this Section, an Immigration Officer may at any time give notice to any person on board any ship or aircraft, other than a person entitled to land in the Islands under the provisions of Section 12, prohibiting him from landing without the leave of an Immigration Officer and thereupon the provisions of Section 11 of this Ordinance shall apply to such person.

15.Grant of leave to land

(1)Subject to the provisions of this Ordinance an Immigration Officer may grant leave to any person to land and remain in the Islands for such period as he may determine in accordance with the provisions of subsection (2) of this Section, upon being satisfied that that person:

(a)has in his possession a passport, visa, document evidencing nationality or identity or any document evidencing permission to enter any country;

(b)       has in his possession either a ticket, or some other means of travelling to some other country which he will be able to enter;

(c)       is not likely to behave in a manner prejudicial to the peace, order and good government of the Islands;

(d)is not suffering from a mental disorder nor is a mental defective;

(e)is not suffering from any contagious or infectious disease which, in the opinion of a medical officer appointed in accordance with the provisions of the Medical Ordinance, makes his presence in the Islands dangerous to the community;

(f)is not a person who is reasonably believed to have come to the Islands for any immoral purpose, or who being a woman or a girl, is not reasonably believed to be a prostitute or to have come to the Islands for the purpose of prostitution;

(g)has not, since attaining the age of fourteen years, been convicted in any place of murder or an offence of a nature punishable in the Islands with imprisonment for a term of three years or more who by reason of such conviction is deemed by an Immigration Officer to be undesirable;

(h)is not a person whose name is for the time being entered in the stop list;

(i)is not a member of a class of person declared by Order, issued by the Governor acting in his discretion in the exercise of his special responsibilities under the Constitution, to be a prohibited class of persons for the purpose of this Section;

(j)is not a person whose presence in the Islands would in the opinion of the Governor be undesirable and not conducive to the public good;

(k)is capable of supporting himself and his dependants during such time as he may be permitted to remain in the Islands; and

(L)is not the dependant of a person who is precluded from being granted leave to land by reason of any of the provisions of this Section.

(2)The period for which an Immigration Officer may grant to any person leave to remain in the Islands under subsection (1) of this Section or subsection (1) (c) of Section 12 shall be:-

(a)where such person produces a permit issued to him under Section 23A permitting him to remain in the Islands, the period specified in that permit;

(b)where such person does not produce to the Immigration Officer such a permit, such period not exceeding twenty-eight days as the Immigration Officer may, subject to any directions of the Director, determine.

(3)Where a person has been granted leave to land and remain in the Islands for a period under subsection (1) and 2(b), the Director may, for good cause, reduce or extend that period, so however that the total period during which such person is permitted to remain in the Islands does not exceed twenty eight days from the date when he last landed in the Islands.

(4)Notwithstanding subsection (3), upon application to the Directory by a person who has been granted leave to land and remain in the Islands for a period under subsection (1) and (2) (b) and who is in the Islands, the Director may extend that period for such further period not exceeding sixty days from the day on which the first mentioned period expires as the Director may determine.

(5)Upon application to the Board by a person who has been granted a further period under subsection (4) and who is in the Islands, the Board may extend that period for such further period as it may determine, so however that the total period during which such person is permitted to remain in the Islands does not exceed six months from the date when he last landed in the Islands.

16.Special leave to land

Where by reason of the provisions of Section 15 of this Ordinance any person is not granted leave to land in the Islands by an Immigration Officer, the Director may in his discretion.

notwithstanding any other provisions of this Ordinance, permit in writing such person to land and remain in the Islands for such period and subject to such conditions as may be prescribed or as the Director may deem fit to impose.

17.Stop list

(1)Where the Director is satisfied that any person who is not a Belonger or a person in possession of a valid permanent residence certificate and who is for the time being outside the Islands:

(a)is a person who has, while in the Islands, conducted himself in a manner undesirable; or

(b)is a person whose landing in the Islands appears undesirable in view of information or advice received from any source which the Director considers reliable,

then and in either case the Director may cause that person's name to be entered on a list to be called "the Stop List" to be maintained by the Chief Immigration Officer.

(2)In the exercise of his special responsibilities under the Constitution the Governor may, in his discretion require the Director to include or remove the name of any specified person in the Stop List and the Director shall forthwith comply with such requirement;

18.Removal of persons refused leave to land

(1)Where leave to land is refused to any person under Section 15 an Immigration Officer may, subject to subsection (2) of this Section give directions:

(a)to the master of the ship or commander of the aircraft in which such person arrived in the Islands, requiring him to remove that person immediately from the Islands in that ship or aircraft;

(b)to the owner or agents of such ship or aircraft, requiring them to remove such person immediately from the Islands in any ship or aircraft specified in the directions, being a ship or aircraft of which they are owners or agents;

(c)to such owners or agents, requiring them to make arrangements for the removal of such person from the Islands in any ship or aircraft bound for a country specified in the directions being either:

(i)a country of which such person is a national or in which he embarked for the Islands; or

(ii)a country to which there is reason to believe that such person will be admitted, and for securing him a passage to that country.

(2)No directions shall be given under this Section in respect of any person after the expiration of three months from the date on which he last arrived in the Islands.

(3)A person in respect of whom directions are given under paragraph (1) of this section may be placed, under the authority of an Immigration Officer, on board any ship or aircraft in which he is to be removed in accordance with the directions.

(4)A person to whom leave to land is refused may be detained, under the authority of an Immigration Officer, pending the giving of directions in his case under subsection (1) of this Section and pending his removal in pursuance of directions so given and where any such person is on board a ship or aircraft he may, under the like authority, be removed therefrom for such detention under this subsection.

(5)Where an Immigration Officer refuges leave to land to any person because he is not satisfied in relation to that person of the matters set out in section 15(1) (a), (b), (h) or (i), and the Immigration Officer gives directions under this section, any person to whom such directions are given who fails to comply with the directions commits an offence against this Ordinance.

(6)Where an Immigration Officer refuses leave to land to any person in the circumstances set out in subsection (5) and that person is detained pending the implementation of directions given under this section, the local representative, or if there is no local representative, the master, commander, owner or agent of the ship or aircraft from which that person landed shall be financially responsible for any public charges reasonably incurred in respect of such person's maintenance during any such detention.

19.Removal of persons landing unlawfully etc.

(1)If any person:

(a)is found in the Islands after landing in contravention of this Ordinance; or

(b)has been permitted to land in the Islands from a ship or aircraft of which he was a member of the crew subject to a condition that he should leave the Islands by a specified ship or aircraft or within a specific period, but fails to comply with that condition or is reasonably suspected of intending so to fail; or

(c)has landed in the Islands from a ship or aircraft of which he was a member of the crew in accordance with Section 14 without the leave of an Immigration Officer, but fails to leave with that ship or aircraft from the port where he was landed, or is reasonably suspected of intending so to fail;

the provisions of Section 18 shall apply to him as if he had been refused leave to land by an Immigration Officer.

Provided that in respect of any person to whom the provisions of paragraphs (b) or (c) of this subsection apply, the period of three months specified in subsection (2) of Section 18 shall be extended to twelve months.

(2)If any person lands in the Islands from a ship or aircraft on which he was a stowaway, Section 18 shall thereupon apply to him as if he had been refused leave to land by an Immigration Officer:

Provided that in any such case:

(a)subsection (2) of Section 18 shall not apply; and

(b)subsection (1) (c) of Section 18 shall be deemed to include a reference to the country in which that person stowed away.

20.Financial responsibility for persons landing illegally

In any case where a person lands from a ship or aircraft in contravention of any of the foregoing provisions of this Part of this Ordinance then, without prejudice to any other provisions of this Ordinance, the local representative of such ship or aircraft shall be financially responsible for any public charges reasonably incurred in respect of such person's maintenance, including any detention, while in the Islands and his subsequent repatriation removal or deportation therefrom.

PART V
RESIDENCE AND EMPLOYMENT IN THE ISLANDS

21.Making false statements, furnishing false information

A person who, in connection with any application under this Part, knowingly makes any false or misleading statement or knowingly furnishes any false or misleading information commits an offence and is liable upon summary conviction to a fine of $2500.00 or to imprisonment for a term of 6 months, or to both.

22A.Restriction upon residence

(1)No person, other than a person entitled to land in the Islands under section 12, shall remain in the Islands after the expiration of the period during which he is permitted to remain in the Islands by an Immigration Officer unless he holds a residence permit issued to him under section 23A authorizing him to so remain in the Islands.

(2)Where any person ceases to be a person entitled to land in the Islands under section 12, the provisions of this section shall apply to that person upon the expiration of such period of time as reasonably to allow for the departure of that person from the Islands as the Director may in his discretion allow.

(3)Any person who contravenes this section commits an offence against this Ordinance.

22B.Restriction upon engaging in gainful occupation

(1)No person shall engage in any gainful occupation in the Islands unless -

(a)he is Belonger;

(b)he holds a work permit issued to him under section 23A authorizing him to engage in that gainful occupation;

(c)he holds a permanent residence certificate endorsed in accordance with section 10(4) (a);

(d)he falls within any of the categories set out in section 12(1) (d), (e), (f) or (g) and that gainful occupation is the occupation by virtue of which he falls within that category; or

(e)he is an exempt person or falls within an exempt category of persons.

(2)For the purposes of subsection (1) (e) the Minister, acting in accordance with the advice of the Executive Council, may, by order published in the Gazette, subject to such conditions or restrictions as he thinks fit, exempt any person or category of persons from the requirements of subsection (1).

(3)Any person who contravenes subsection (1) commits an offence and is liable upon summary conviction to a fine of $2000.00 or to imprisonment for a term of 2 years, or to both; and if the offence is a continuing one, to a further fine of not less than $150.00 nor more than $500.00 for every day or part of a day during which the offence has continued.

(4)In any proceedings under this section, if it is proved that the person prosecuted engaged in any occupation in any capacity in any undertaking, professing, trade or business at a time when he was not the holder of a work permit referred to in subsection (1) (b) or a permanent residence certificate referred to in subsection (1) (c) authorizing him to engage in that occupation, it shall be presumed, unless the contrary is proved on a balance of probabilities, that -

(a)that person engaged in that occupation at that time for or in the expectation of profit, gain or reward in cash or in kind or for some other form of consideration; and

(b)that person engaged in that occupation at a time when he did not fall within any of the categories set out in subsection (1) (a), (d) or (e).

(5)Subject to this subsection, in any proceedings under this section, a certificate signed by the Director stating that at the time when the person prosecuted engaged in the occupation mentioned in subsection (4), he was not the holder of a work permit referred to in subsection (1) (b) or a permanent residence certificate referred to in subsection (1) (c), is admissible in evidence and in the absence of evidence to the contrary is proof of the statement contained in the certificate without proof of the signature or of the official character of the person appearing to have signed the certificate.

22C.Restriction upon employing or engaging another in gainful occupation

(1)No person, whether on his own behalf or on behalf of another, shall engage or employ in gainful occupation any person who is, under section 22B, prohibited from engaging in gainful occupation.

(2)Any person who contravenes subsection (1) commits an offence and is liable upon summary conviction to a fine of $5000.00 or to imprisonment for a term of 6 months, or to both; and if the offence is a continuing one, to a further fine of not less than $150.00 nor more than $500.00 for every day or part of a day during which the offence has continued.

(3)It shall be no defence to a charge under subsection (2) that the defendant had no knowledge or no reasonable cause to believe that the person whom he is alleged to have engaged or employed in gainful occupation did not, at the time of such employment or engagement, fall within any of the categories set out in section 22B (1).

(4)Where the prosecution is seeking to prove, in any proceedings under this section, that the person who is alleged to be engaged or employed in gainful occupation in contravention of this section is prohibited from engaging in gainful occupation under section 22B, subsections (4) and (5) of section 22B shall apply in relation to proving that fact as they apply in relation to proceedings under section 22B.

(5)In any proceedings under this section, if it is proved that the engagement or employment in gainful occupation of the person who is alleged to have been so engaged or employed (hereinafter in this subsection referred to as "the alleged employee") resulted in a benefit to the person prosecuted or that the alleged employee engaged in gainful occupation under the general direction or control of the person prosecuted, it shall be presumed, unless the contrary is proved on a balance of probabilities, that the alleged employee engaged in gainful occupation in the employment of the person prosecuted under contract of service.

22D.Carrying and production of permit

(1)Every person who is required by section 22A or 22B to hold a permit issued to him under section 23A shall have that permit with him at all times.

(2)A person who is required by subsection (1) to have with him the permit referred to in that subsection shall on demand produce it for inspection by a police officer, Immigration Officer or the or the Labour Commissioner who -

(a)is in uniform; or

(b)produces documentary identification officially issued to him as proof of his appointment as a police officer, an immigration officer or the Labour Commissioner as the case may be.

(3)A person who fails without reasonable excuse to produce the permit referred to in subsection (1) for inspection on demand under subsection (2) commits an offence against this Ordinance.

(4)A police officer, an Immigration Officer or the Labour Commissioner may arrest without warrant any person who fails without reasonable excuse to produce the permit for inspection on demand under subsection (2), but a person so arrested shall be brought before a Magistrate or a Justice of the Peace within 48 hours after his arrest.

22E.Offences by corporations

Where a person convicted of an offence under sections 21, 22B or 22C is a body corporate, then every person who, at the time of the commission of the offence, was a managing director or manager, or secretary or other officer, of the body corporate shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge or that he exercised all reasonable diligence, having regard to his office, to prevent the commission of the offence.

23A.Application for and issue of permit

(1)Subject to this section, upon -

(a)application being made to the Board in the prescribed form and in accordance with Part I or Part IV of the Schedule, as the case may require; and

(b)payment of the prescribed fee,

the Board may issue a permit to any person in the prescribed form authorizing that person -

(i)to reside in the Islands for such period not exceeding three years as may be specified in the permit otherwise than for the purpose of engaging in gainful occupation; or

(ii)to reside in the Islands for such period not exceeding three years as may be specified in the permit for the purpose of engaging in such gainful occupation as may be specified in the permit.

(2)Where a person wishes to engage in a gainful occupation in the Islands in the employment of another person under a contract of service-

(a)the application referred to in subsection (1) shall be made by that other person on behalf of the first mentioned person; and

(b)the permit for which the application is made, if issued, shall state the name of that other person.

(3)Without restricting the generality of the Board's discretion under subsection (1), the Board shall not, subject to subsections (4), (5), (5A) and (5B) issue a permit to any person under this section unless it is satisfied that -

(a)there is no Belonger immediately available at the time the Board considers the application for the permit who is able and willing to engage in the gainful occupation in respect of which the application is made;

(b)that person is able to maintain himself and his dependents, if any, in the Islands;

(c)that person is in all respects a fit and proper person to be issued with the permit;

(d)that person is, at the time the Board considers the application, outside the Islands; and

(e)it is in the public interest to do so.

(4)Subsection 3 (a) shall not apply to the issue of a work permit authorizing a person to reside in the Islands for the purpose of engaging in a gainful occupation otherwise than in the employment of another person under a contract of service.

(5)Subsection 3 (a) and (d) shall not apply to the issue of a residence permit.

(5A)The Minister, in writing signed by him, may direct the Board that it may issue a permit or permits to any person or class of persons notwithstanding that it is not satisfied in relation to that person or class of persons of the matters set out in subsection (3) and, thereupon, notwithstanding that subsection, the Board may issue a permit or permits to that person or class of persons as though it were satisfied in relation to that person or class of persons of the matters set out in that subsection.

(5B)Where the Minister directs the Board in the manner set out in subsection (5A), the Board shall not refuse to issue a permit or permits to the person or class of persons mentioned in the direction on the ground only that it is not satisfied in relation to that person or class of persons of the matters set out in subsection (3).

(6)A permit shall not be issued to any person under this section if the Governor, in his discretion, directs that such a permit shall not be issued to that person.

(7)A decision of the Board or of the Governor under this section shall not be reviewed or enquired into by any court.

(8)Notwithstanding subsection (1), (3), (6) or (7) or any of the provisions of the Schedule, a person who is married to a Belonger is, upon written application being made by that person to the Board and upon payment of a non-refundable application fee of $10.00, entitled to the issue of a residence permit under this section in such form as the Board may determine authorizing that person to reside in the Islands otherwise than for the purpose of engaging in gainful occupation for a period of five years reckoned from the date of the marriage.

23B.Conditions and restrictions on issue of permit

(1)A permit issued under section 23A, other than a residence permit referred to in section 23A (8)-

(a)may be issued subject to such conditions or restrictions as the Board thinks fit to impose;

(b)shall be issued subject to such conditions or restrictions as the Governor, in his discretion, may direct the Board to impose;

(c)shall be deemed to be issued subject to such conditions or restrictions as may be prescribed.

(2)A condition or restriction imposed under subsection (1) (a) or (b) may be varied or revoked-

(a)in the case of a condition or restriction imposed by the Board, either by the Board or by the Board upon application being made to it for that purpose;

(b)in the case of a condition or restriction imposed by the Board on the direction of the Governor, either by the Board on the direction of the Governor or by the Board on the direction of the Governor upon application being made to the Governor for that purpose.

(3)A condition or restriction imposed under subsection (1) (a) or (b) shall be set out in the permit in respect of which it is imposed, and the statement setting out the condition or restriction in the permit shall be varied or cancelled, as the case may require, by or on behalf of the Board when the condition or restriction has been varied or revoked under subsection (2).

(4)A decision of the Board or of the Governor made under subsections (1) or (2) shall not be reviewed or enquired into by any court.

23C.Spouse and children of holder of permit

(1)If the gainful occupation specified in a work permit issued to any person under section 23A is one which is classified as skilled by or under this Ordinance, that permit shall be deemed to authorize the spouse and not more than 3 children of that person to reside with him in the Islands for the period of time specified in the permit.

(2)If the gainful occupation specified in a work permit issued to any person under section 23A is one which is classified as unskilled by or under this Ordinance, that permit shall be deemed to authorize the spouse of that person to reside with him in the Islands for the period of time specified in the permit.

(3)A residence permit issued to any person under section 23A, other than a residence permit referred to in section 23A(8), shall be deemed to authorize the spouse and not more than 3 children of that person to reside with him in the Islands for the period of time specified in the permit.

(4)Notwithstanding subsections (1), (2) or (3), the Board may, in any particular case-

(a)in issuing a permit referred to in subsections (1) or (3) to any person, authorize such children of that person as it thinks fit, in addition to the 3 children of that person referred to in those subsections, to reside with that person in the Islands for the period of time specified in the permit; or

(b)in issuing a permit referred to in subsection (2) to any person, authorize such other persons as it thinks fit, in addition to the spouse of that person referred to in that subsection, to reside with that person in the Islands for the period of time specified in the permit.

(5)Any additional child or person authorized by the Board under subsection (4) shall be specified in the permit referred to in that subsection.

23D.Effect of permit

(1)A work permit issued to any person under section 23A which authorizes that person to engage in a gainful occupation of any description in the employment of another person under a contract of service shall not, unless express provision to the contrary is made in the permit, authorize the first mentioned person

(a)to engage in a gainful occupation in the employment of that other person, under same or any other contract of service, which is materially different to the gainful occupation of that description;

(b)to engage in a gainful occupation of that description in the employment of a third person under a contract of service; or

(c)to engage in a gainful occupation of that description otherwise that under a contract of service.

(2)A work permit issued to any person under section 23A which authorizes that person to engage in a gainful occupation of any description otherwise than under a contract of service shall not, unless express provision to the contrary is made in the permit, authorize that person-

(a)to engage in a gainful occupation otherwise than under a contract of service which is materially different to the gainful occupation of that description; or

(b)to engage in any gainful occupation under a contraction of service.

23E.Endorsement of new employer on permit

(1)Subject to this section, upon-

(a)application being made to the Board in the prescribed form and in accordance with Part II of the Schedule; and

(b)surrender to the Board of a work permit issued under section 23A,

the Board may, where that permit authorizes the holder thereof to engage in a gainful occupation in the employment of another person under a contract of service, endorse the permit with a new name and, as the case may require, cancel the name of that other person.

(2)A permit shall not be endorsed with a new name under subsection (1) if the Governor, in his discretion, has directed that the permit shall not be so endorsed.

(3)A decision of the Board or of the Governor under this section shall not be reviewed or enquired into by any court.

23F.Extension of period of residence specified in permit

(1)Subject to this section, upon -

(a)application being made to the Board in the prescribed form and in accordance with Part III or Part V of the Schedule as the case may require;

(b)surrender to the Board of a work permit or residence permit issued under section 23A; and

(c)payment of the prescribed fee,

the Board may cancel the period of residence specified in the permit and endorse the permit with such extended period of residence as it thinks fit.

(2)The Board shall not endorse a permit under subsection (1) with an extended period of residence if the effect of so doing would be to authorize the holder of that permit to reside in the Islands for a period which, reckoned from the date of the issue of the permit, would exceed 3 years.

(3)Without restricting the generality of the Board's discretion under subsection (1), the Board shall not endorse a permit under this section unless it is satisfied that-

(a)there is no Belonger immediately available at the time the Board considers the application for the endorsement who is able and willing to engage in the gainful occupation, if any, specified in the permit;

(b)the holder of the permit is able to maintain himself and his dependents, if any, in the Islands;

(c)the holder of the permit is in all respects a fit and proper person to have the permit endorsed; and

(d)it is in the public interest to do so.

(4)Subsection 3(a) shall not apply to the endorsement of a residence permit or to the endorsement of a work permit authorizing a person to reside in the Islands for the purpose of engaging in a gainful occupation otherwise than in the employment of another under a contract of service.

(5)A permit shall not be endorsed with an extended period of residence under subsection (1) if the Governor, in his discretion, has directed that the permit shall not be so endorsed.

(6)An application made under this section shall be made at least 90 days before the expiry of the period of residence specified in the permit.

(7)A decision of the Board or of the Governor made under this section shall be final and shall be deemed to be lawful for any purpose whatsoever and, therefore, no court shall have any jurisdiction to review or enquire into that decision or to entertain any action or proceeding in or by which that decision is questioned, reviewed or enquired into.

(8)This section shall not apply to a residence permit referred to in section 23A(8).

(9)Notwithstanding any other provision of this Ordinance -

(a)a person who makes an application under this section in accordance with subsection (6) shall be entitled to continue to reside in the Islands, and to continue in gainful occupation according to the terms, conditions and restrictions of the permit which he holds at the date of the application, until the receipt by him of notification under section 23H (1); and

(b)a person who makes an application under this section which is not in accordance with subsection (6) but which is made before the expiry of the period of residence specified in the permit shall be entitled to continue to reside in the Islands until the receipt by him of notification under section 23H (1) but shall not be entitled to continue in gainful occupation after the expiry of the period specified in his work permit."

23G.Revocation

(1)If the Board is satisfied-

(a)that person to whom a work permit or a residence permit has been issued under section 23A -

(i)has failed to comply with any term of the permit or with any condition or restriction imposed in respect of that permit under section 23B;

(ii)has failed to pay any fee payable by or under this Ordinance in respect of the permit;

(iii)has been convicted of an offence under this Ordinance; or

(iv)is in any respect no longer a fit and proper person to hold the permit; or

(b)that it is in the public interest to revoke a work permit or residence permit,

the Board may, subject to subsections (2) and (3), by notice in writing served upon the person to whom the work permit or residence permit has been issued, revoke the permit.

(2)Before revoking a permit under subsection (1) the Board shall serve on the holder of the permit a notice in writing, informing him that the Board intends to revoke the permit and calling upon him within such period as may be specified in the notice to show cause why the permit should not be revoked.

(3)Where the Board revokes a permit under subsection (1), such revocation shall not have effect until 30 days after the date of the revocation, and if the holder of that permit appeals to the Minister under section 24, such revocation shall not have effect unless and until the Minister confirms the revocation on appeal.

(4)A work permit or a residence permit issued under section 23A shall cease to have effect on the making of a deportation order in respect of the person to whom the permit is issued.

(5)A decision of the Board made under this section shall not be reviewed or enquired into by any court.

(6)Notwithstanding subsection (1), a residence permit referred to in section 23A(8) may be revoked by the Board only if the Board is satisfied that the person to whom that permit has been issued -

(a)is no longer married to a Belonger;

(b)is residing apart from the Belonger to whom that person is married under a decree of a competent court or a deed of separation;

(c)has, during the period of validity of the permit, been outside the Islands for any continuous period exceeding 8 months; or

(d)has been convicted of any offence against this Ordinance or of any other offence punishable on conviction therefor by imprisonment for a term of not less that 12 months and the Court so convicting that person has recommended the revocation of the permit.

23H.Notification of decision of Board

(1)The Board shall notify in writing a person making an application under sections 23A, 23B (2) (a) or (b), 23E or 23F of its decision on the application within 90 days after the receipt by the Board of the application.

(2)If a person referred to in subsection (1) does not receive the notification referred to in that subsection within the time set out therein, that person may treat the application referred to therein, other than an application under section 23F or an application for a residence permit referred to in section 23A(8), as having been refused and may appeal under section 24 against that refusal.

24.Appeals

(1)Where -

(a)the application of a person under sections 23A, 23B(2) (a) or (b) or 23E is refused, other than an application under sections 23A or 23E refused on the direction of the Governor;

(b)a condition or restriction in a permit issued to a person under section 23A is varied under section 23B (2); or

(c)a permit issued to any person under section 23A, other than a residence permit referred to in section 23A(8), is revoked under section 23G,

that person may appeal to the Minister against such refusal, variation or revocation.

(2)An appeal under this section shall be made in writing not more than 30 days after -

(a)the person making the appeal is notified under section 23H of the refusal of the application referred to in subsection (1) (a);

(b)the condition or restriction referred to in subsection (1) (b) is varied; or

(c)the person making the appeal is notified under section 23G of the revocation of the permit referred to in subsection (1) (c).

(3)In the exercise of his power to determine an appeal under this section, the Minister may -

(a)confirm the refusal, variation or revocation referred to in subsection (1);

(b)direct the Board to grant the application referred to in subsection (1) (a) on such terms or subject to such conditions or restrictions as the Minister sees fit to impose; or

(c)direct the Board to cancel the variation or revocation referred to in subsection (1) (b).

(4)The decision of the Minister on an appeal under this section shall be final and shall be deemed to be lawful for any purpose whatsoever and, therefore, no court shall have any jurisdiction to review or enquire into that decision or to entertain any action or proceedings in or by which that decision is questioned, reviewed or enquired into.

PART VI
Supplementary Provisions Relating to Immigration Control

25.Duty of local representative of ship or aircraft to give notice of arrival

(1)It shall be the duty of the local agent or representative of every ship or aircraft arriving in the Islands to give adequate and timely notification of the arrival of the ship or aircraft to the Director and if so required to furnish such particulars as he may then have in his possession regarding the passengers and crew on board such ship or aircraft.

(2)Any person who without reasonable excuse fails to comply with any of the provisions of this Section, or with any requirements duly given thereunder, shall be guilty of an offence against this Ordinance.

26.Inward passenger and crew manifests

(1)The master of every ship or aircraft in the Islands and if so required by an Immigration Officer, the local agent or representative of any such ship or aircraft shall, as soon as practicable after the arrival of such ship or aircraft and before any passenger or member of the crew has landed in the Islands, deliver to an Immigration Officer a list showing separately:

(a)the names and particulars of the passengers on board the ship and of the passengers whose journey by that ship is to be completed in the Islands; or

(b)the numbers of the passengers on board the aircraft and of the passengers whose journey by that aircraft is to be completed in the Islands; and

(c)the names and particulars of any other person (including persons rescued at sea and stowaways) on beard the ship or aircraft

Provided that an Immigration Officer may allow any person on board the ship or aircraft to land without prejudice to any other provisions of this Ordinance, before such lists are duly delivered.

(2)Any person who fails to comply with any requirement duly given under subsection (1) of this Section shall be guilty of an offence against this Ordinance.

27.Control of landing from ships or aircraft

(1)It shall not be lawful for the master of any ship or aircraft to cause or allow any passenger or member of the crew or other person on board the ship or aircraft to land in the Islands before permission generally to land has been given by an Immigration Officer.

(2)The master of any ship or aircraft who contravenes any of the provisions of this Section shall be guilty of an offence against this Ordinance:

Provided that it shall be a good defence to a person charged with an offence under this Section to prove that any such landing took place in emergency, and was, at the earliest time practicable, notified to an Immigration Officer.

28.Declaration on disembarkation and embarkation

(1)Every passenger arriving in or departing from the Islands shall complete and deliver to the person prescribed a declaration in the prescribed form.

(2)It shall be the duty of the owner of the ship or aircraft in or from which any passenger embarks or disembarks to provide such passengers at such owner's expense with the prescribed form.

(3)Any poison who in completing the prescribed declaration knowingly makes any false statement or representation shall be guilty of an offence against this Ordinance.

29.Duty of persons entering or departing to produce passports etc.

(1)Every person intending to land in, or as the case may be, depart from the Islands shall, if required to do so by an Immigration Officer produce for inspection any passport, visa, document evidencing nationality or identity or any document evidencing permission to enter any country, in his possession.

(2)Any person who fails to comply with any such requirement shall be guilty of an offence against this Ordinance.

(3)If any person without lawful authority, alters any certificate or document issued or made under this Ordinance, or uses for the purpose of this Ordinance, or has in his possession for such use any forged altered or irregular certificate, passport, visa or other document he shall be guilty of an offence against this Ordinance.

30.Outward passenger and crew manifests

(1)The local representative of every ship or aircraft departing from the Islands shall, if so required by an Immigration Officer, furnish to the Director at the time of, or immediately after the departure of the ship or aircraft, lists showing separately:

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

(b)the numbers of the passengers on board the aircraft; and

(c)the names and particulars of the members of the crew of the ship or aircraft; and

(d)the names and particulars of any other person on board the ship or aircraft.

(2)Any person who fails to comply with any requirement duly made under subsection (1) of this Section shall be guilty of an offence against this Ordinance.

31.Distribution of copies of Stop List etc. to shipping agents etc.

It shall be lawful for the Director to cause copies of the Stop List, or notification of the entry in or removal of any name from the Stop List, to be given to the agent or representatives of ships or aircraft ordinarily calling at the Islands, or to bona-fide travel agencies.

PART VII
Deportation and Provisions Relating to the Removal of Persons from the Islands

32.Procedure where deportation is desirable

(1)Where at any time after a person other than a Belonger or a person in possession of a valid permanent residence certificate which has not been revoked has landed in the Islands, that person:

(c)is a person whose presence in the Islands would in the opinion of the Governor acting in his discretion in the exercise of his special responsibilities under the Constitution, be undesirable and not conducive to the public good;

the Governor may make an order (hereinafter referred to as a "deportation order") requiring such person to leave the Islands within the time fixed by the deportation order and thereafter to remain out of the Islands.

(1A)No deportation order shall be made in respect of any person who holds a residence permit referred to in section 23A(8) unless that person is a person referred to in subsection (1) (b) and the "other offence" referred to in that subsection is an offence punishable on conviction therefor by imprisonment for a term of not less than 12 months.

(1B)The Governor shall not be required to assign any reason for the making of a deportation order and the decision of the Governor to make such an order shall be final and shall be deemed to be lawful for any purpose whatsoever and, therefore, no court shall have any jurisdiction to review or enquire into that decision or to entertain any action or proceedings in or by which that decision is questioned, reviewed or enquired into.

(a)has remained in the Islands contrary to any provisions of this Ordinance; or

(b)has been convicted of any offence against this Ordinance or of any other offence and the Court so convicting that person has recommended that he be deported; or

(bb)is a person whose presence in the Islands would in the opinion of the Director or the Board be undesirable and not conducive to the public good; or

(2)Where a deportation order is made in respect of a person who immediately before making thereof was lawfully within the Islands under the provisions of this Ordinance, a copy of the order shall be served upon him by an Immigration Officer or by any police officer.

33.Removal of persons subject to deportation orders

(1)Subject to the provisions of subsection (5) of this Section any person in whose case a deportation order has been made may be placed, under the authority of the Director on board any ship or aircraft which is about to leave the Islands and the master of the ship or the commander of the aircraft shall, if so required by the Director or an Immigration Officer, take such steps as may be necessary for preventing the person from landing from the ship or aircraft before it leaves the Islands, and may for that purpose detain the person in custody on beard the ship or aircraft.

(2)The Director or an Immigration Officer may give directions to the master of any ship or commander of any aircraft which is about to leave the Islands, requiring him to afford to any person in whose case a deportation order has been made, and to his dependants (if any), a passage to any port specified in the directions being a port at which the ship or aircraft is to call in the course of its voyage and proper accommodation and maintenance during the passage.

(3)The Governor may, if he thinks fit, apply any money or property belonging to any/such person as aforesaid in payment of the whole or any part of the expenses of or incidental to the voyage from the Islands and the maintenance until departure of the person and his dependants (if any).

(4)Subject to the previsions of subsection (3) of this Section any person in whose case a deportation order has been made may be detained, under the authority of the Director until he is dealt with under subsection (1) of this section; and a person in whose case a recommendation for deportation is in force under Section 32 shall (unless the court in a case where the person is not sentenced to imprisonment, otherwise directs) be detained until the Governor makes a deportation order in his case or directs him to be released.

34.Lien on ship or aircraft landing passengers contrary to this Ordinance.

(1)If a passenger lands or attempts to land in the Islands, or does any act preparatory to landing in the Islands to the knowledge of the master of a ship or the captain of an aircraft by which such passenger arrived and such landing is, or would be, in contravention of any provision of this Ordinance, such ship or aircraft shall be subject to a lien in favour of Her Majesty for the sum of Fifteen hundred dollars in respect of each such passenger so landing, attempting to land or making preparation to land and the amount so charged may be sued for and recovered by the Director in the Supreme Court.

(2)Any Immigration Officer or any police officer, acting under instructions of the Treasurer shall detain, by force if necessary, any ship or aircraft charged with the payment of any sum under this section:

Provided that such detainer shall cease upon payment to the officer detaining such ship or aircraft, or the person placed by him in actual charge of such ship or aircraft, of all sums charged upon such ship or aircraft being arrested under the process of the Supreme Court issued in any action for the recovery of the sums last aforesaid.

(3)For the purposes of any action for the recovery of any sum charged upon an aircraft under the provisions of this section such aircraft shall be deemed to be a ship and the law relating to Admiralty actions in rem shall apply to such action accordingly.

(4)Where the sum charged upon a ship or aircraft under this section exceeds the value of such ship or aircraft it shall be lawful for the Supreme Court on the application of the Director to order the forfeiture of the ship or aircraft.

35.Lien to cease if passenger returned on board

If a passenger lands in the Islands from any ship or aircraft contrary to the provisions of this Ordinance, and such passenger is, on the complaint of the master or captain, apprehended and conveyed on board such ship or aircraft, under the provisions of Section 18 or 19 the lien arising under Section 34 on the landing of such passenger shall cease to exist on his being so conveyed on board as aforesaid, but shall revive if such passenger again lands contrary to this Ordinance.

36.Power of Administrator to remit lien

In the event of any ship or aircraft becoming subject to a lien in respect of any passenger under Section 34 the Governor may, either before or after any suit has been commenced for the recovery of such amount, remit the whole or such part thereof as he shall deem expedient, and order the release of such ship or aircraft on such terms and conditions as he shall think fit.

PART VIII
REGULATIONS: PROCEDURE: REPEAL

37.Power to make regulations

The Governor may make regulations for carrying this Ordinance into effect and in particular and without prejudice to the generality of the foregoing power, for all or any of the following purposes:

(a)prescribing anything which is to be, or may be prescribed under this Ordinance;

(b)prescribing the forms to be used for the purposes of this Ordinance;

(c)prescribing the fees to be paid in respect of any matter or thing prescribed under this Ordinance or any regulations;

(d)providing for the compilation and keeping of a Registrar of unemployed, skilled, semi skilled and unskilled labour of the indigenous residents;

(e)providing for the advertisement of Professional, Managerial and Executive posts vacant in the Islands;

(f)providing for the payment and recovery of any expenses incurred by the Government in connection with the detention, maintenance, medical treatment and removal from the Islands of any person under this Ordinance;

(g)prohibiting or restricting any ship or aircraft or class of ships or aircraft from entering or leaving the Islands otherwise than at certain specified ports, imposing restrictions or conditions on any ship or aircraft or class of ships or aircraft entering any port within the Islands and requiring the master of any ship or such other person as may be specified in the regulations to undertake such obligations as may be deemed by the Administrator necessary or expedient for giving effect thereto;

(h)exempting any person or category of persons from the requirement to pay any fees payable under this Ordinance or any regulations;

(i)reducing the fees payable by any person or category of persons under this Ordinance or any regulations;

(j)providing for any penalty to be suffered by any person who fails to comply with any provision of any regulations under this Ordinance;

(k)classifying any gainful occupation as skilled or unskilled for the purposes of this Ordinance.

38.Burden of proof

If any question arises in any proceedings under this Ordinance or under any regulations or in reference to anything done or proposed to be done thereunder as to whether a ship or aircraft has come from a particular country or otherwise, the burden of proving that the ship or aircraft has not come from a particular country shall lie upon the person charged or, as the case may be, upon the person who, in those proceedings, is interested in proving that the ship or aircraft has not come from that particular country.

39.Assisting illegal landing

(1)Any person who: -

(a)Knowingly assists any person to land in the Islands; or

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

(c)willfully does any act preparatory to the landing in the Islands of any person

where such landing is or would be, from any ship or aircraft entering or leaving the Islands otherwise than in accordance with the provisions of this Ordinance [...] regulation thereunder shall be guilty of an offence against this Ordinance.

(2)Any person who commits an offence under this Section shall be liable on summary conviction to a fine of three thousand dollars or to imprisonment for a period of two years or to both such fine and imprisonment and any ship which is of or below one hundred net tons or aircraft which was bound on a nonscheduled flight found in the Island in contravention of this Ordinance or of any regulations hereunder shall be liable to forfeiture.

Provided that any such ship or aircraft may be pronounced forfeit by the Magistrate upon proof to his satisfaction that such ship or aircraft has been used in a contravention of the provisions of this Ordinance or any regulations hereunder.

(3)In any proceedings in the Supreme Court for the forfeiture of a ship or aircraft found in the Islands in contravention of the provisions of this Ordinance or of any regulations hereunder, the Judge having jurisdiction therein may order that such ship or aircraft be forfeit.

39A.Harbouring

Any person who knowingly harbours any person who is in the Islands in contravention of any of the provisions of this Ordinance commits an offence against this Ordinance.

40.Boarding of ships or aircraft

Where any officer of the Royal Navy or any Customs Officer or Police Officer has reasonable grounds for believing that any person on board any ship or aircraft which is in territorial waters of the Islands is landing or preparing to land in the Islands in contravention of the provisions of this Ordinance, he may board such ship or aircraft and exercise the powers conferred on an Immigration Officer under Section 5 of this Ordinance.

41.General penalty

Any person who commits or attempts to commit an offence under this Ordinance or any regulations made hereunder shall, except where any other penalty is provided, be liable on summary conviction to a fine of $2000.00 or imprisonment for two years or to both such fine and imprisonment.

42.Repeal

The Immigration (Control) Ordinance is repealed.

43.

(1)Notwithstanding the repeal of the Immigration (Control) Ordinance (hereinafter in this Section referred to as "the repealed Ordinance"):

(a)any entry permit permitting any person to remain in the Islands for the purpose of engaging in gainful occupation or otherwise in force at the date of commencement of this Ordinance shall have effect as though it were a permit granted under the relevant subsection of Section 23;

(b)any notice, form, order, rule, regulation or direction prescribed, made, issued or given under the repealed Ordinance shall continue in force as if it has been prescribed made, issued or given under this Ordinance and may be repealed, revoked, varied or amended accordingly.

(2)[repealed]

44.Amending the Schedule; waiving requirements of the Schedule

(1)The Governor may, by Order, amend, repeal or repeal and replace the Schedule.

(2)If the Board is satisfied, upon sufficient reason being given by or on behalf of an applicant in a particular case, that it is not reasonably practicable for any of the requirements of the Schedule to be complied with, the Board may waive any such requirement and nevertheless consider and determine the application."

SCHEDULE
(Sections 23A, 23E, 23F)
APPLICATIONS

Part I
Applications for work permits under section 23A

1.

(1)Where a person applies for a work permit under section 23A(1) which, if issued, would authorize that person to reside in the Islands for a period of not more than 3 years for the purpose of engaging in a gainful occupation in the employment of another person under a contract of service -

(a)the application shall be made by that other person (hereinafter referred to as "the employer") on behalf of the first mentioned person (hereinafter referred to as "the applicant");

(b)the application shall be addressed to -

"The Secretary Immigration Board, Immigration Department, Grand Turk, Turks and Caicos Islands, British West Indies.";

(c)the application shall be accompanied by -

(i)a non-refundable application fee of $10.00, which shall be paid by means of affixing a stamp of that value on the application form;

(ii)4 recent passport size photographs of the applicant, and of his spouse and children (hereinafter referred to as his "dependents") if any, 3 full face and 1 profile, each verified by the applicant's signature on the reverse thereof;

(iii)a copy of those pages of the applicant's passport and of the passports of his dependents, if any, which prove that they are valid;

(iv)documentary evidence satisfactory to the Board of the applicant's qualifications and experience;

(v)evidence satisfactory to the Board that there is no Belonger immediately available who is able and willing to engage in the gainful occupation in respect of which the application is made;

(vi)documentary evidence satisfactory to the Board of the good character of the applicant and of his dependents, if any;

(vii)documentary evidence satisfactory to the Board of the good health of the applicant;

(viii)the security deposit provided for under clause 5;

(ix)a covering letter addressed to the Secretary of the Board signed by or on behalf of the employer containing the information provided for under clause 6;

(x)such other evidence, documentary or otherwise, as the Board may require for the purpose of determining the application.

(2)In clauses 3(a), (b) and (c) and 7 (a), (b) and (c), "dependent" does not include a child who has not attained the age of ten years.

2.

For the purposes of subparagraph (v) of clause 1(1) (c) the employer shall attach to the application -

(a)documentary evidence that he has advertised the position which the applicant intends to fill in a Turks and Caicos Islands newspaper and a Bahamian newspaper, for at least 2 issues in any 2 consecutive weeks;

(b)a copy of that advertisement;

(c)a copy of each application for the position advertised which the employer has received, including copies of any documentary evidence of each applicant's qualifications and experience; and

(d)a letter addressed to the Secretary of the Board signed by or on behalf of the Labour Commissioner stating that there is no Belonger immediately available who is able and willing to engage in the gainful occupation in respect of which the application is made.

3.

For the purposes of subparagraph (vi) of clause 1(1) (c), the employer shall attach to the application -

(a)a police certificate of good character issued to the applicant and to each of his dependents, if any, in the applicant's last place of residence, not more than 6 months prior to the date of the application; or

(b)an affidavit of no convictions sworn by the applicant and by each of his dependents, if any, before a Notary Public in the applicant's last place of residence not more than 6 months prior to the date of the application;

(c)3 written references of good character in respect of the applicant and of each of his dependents, if any, signed by persons other than relatives of the applicant or of his dependents who certify in the reference -

(i)that they are not relatives of the applicant or his dependents, if any; and

(ii)that they have known the applicant and his dependents, if any for at least 2 years prior to the date of the application.

4.

For the purposes of subparagraph (vii) of clause 1(1) (c), the employer shall attach to the application medical certificates certifying the good health of the applicant and of each of his dependents, if any, which were obtained not more than 6 months prior to the date of the application and which -

(a)are acceptable to the Board on the advice of a Government Medical Officer; and

(b)contain such particulars as the Board may require.

5.

(1)For the purposes of subparagraph (viii) of clause 1 (1) (c), the employer shall deposit with the Board such sum as the Board may approve for securing payment of the cost of transporting the applicant and his dependents, if any, to a country outside the Islands willing to receive him or them that may be incurred in respect of the applicant and his dependents, if any.

(2)The Board shall repay the sum deposited under subclause (1) if -

(a)the application to which the sum is attached is refused by the Board;

(b)the applicant, subsequent to the issue of the permit, is granted a permanent residence certificate; or

(c)the Director is satisfied that the applicant and his dependents if any, have left the Islands permanently.

(3)The Board may repay the sum deposited under subclause (1) at any time upon being satisfied that the necessity for the deposit no longer exists.

(4)Where the Board repays the sum under subclause (2) or (3), the Board shall not be liable to pay interest on such sum.

6.

The covering letter referred to in subparagraph (ix) of clause 1 (1) (c) shall contain the following information -

(a)particulars of the nature of the position which is to be filled by the application;

(b)particulars of the salary which the applicant is to receive;

(c)particulars of any accommodation which may be available to the applicant and his dependents, if any;

(d)particulars of any arrangement which the employer intends to make for the training of Belongers for the post which is to be filled by the applicant;

(e)such other particulars as the employer may wish to bring to the attention of the Board for the purpose of enabling the Board to determine the application.

7.

Where a person applies for a work permit under section 23A (1) which, if issued, would authorize that person to reside in the Islands for a period of not more than 3 years for the purpose of engaging in a gainful occupation otherwise than in the employment of another person under a contract of service -

(a)the application may be made by the person (hereinafter referred to as "the applicant") or by some other person on behalf of that person;

(b)the application shall be addressed to -

"The Secretary Immigration Board, Immigration Department, Grand Turk, Turks and Caicos Islands British West Indies.";

(c)the application shall be accompanied by -

(i)a non-refundable application fee of $10.00 which shall be paid by means of affixing a stamp of that value on the application form.

(ii)4 recent passport size photographs of the applicant and of each of his dependent, if any 3 full face and 1 profile, verified by the applicant's signature on the reverse thereof;

(iii)a copy of those pages of the applicant's passport and of the passports of his dependents, if any, which prove that they are valid;

(iv)documentary evidence satisfactory to the Board of the applicant's qualifications and experience;

(v)documentary evidence satisfactory to the Board of the good character of the applicant and of his dependents, if any;

(vi)documentary evidence satisfactory to the Board of the good health of the applicant and of the applicant and of his dependents, if any;

(vii)the security deposit provided for under clause 10;

(viii)a covering letter addressed to the Secretary of the Board signed by or on behalf of the applicant containing the information provided for under clause 11;

(ix)such other evidence, documentary or otherwise, as the Board may require for the purpose of determining the application.

8.

For the purposes of subparagraph (v) of clause 7(c), the applicant shall attach to the application-

(a)a police certificate of good character issued to the applicant and to each of his dependents, if any, in the applicants last place of residence not more than 6 months prior to the date of the application;

(b)an affidavit of no convictions sworn by the applicant and by each of his dependents, if any, before a Notary Public in the applicant's last place of residence not more than 6 months prior to the date of the application;

(c)3 written references of good character in respect of the applicant and of each of his dependents, if any, signed by persons other than relatives of the applicant or of his dependents who certify in the reference-

(i)that they are not relatives of the applicant or his dependents, if any; and

(ii)that they have known the applicant and his dependents, if any, for at least 2 years prior to the date of application.

9.

For the purposes of subparagraph (vi) of clause 7(c), the applicant shall attach to the application medical certificates certifying the good health of the applicant and of each of his dependents, if any, which were obtained not more than6 months prior to the date of the application and which-

(a)are acceptable to the Board on the advice of a Government Medical Officer; and

(b)contain such particulars as the Board may require.

10.

(1)For the purposes of subparagraph (vii) of clause 7 (c), the applicant shall deposit with the Board such sum as the Board may approve for securing payment of the cost of transporting the applicant and his dependents, if any, to a country outside the Islands willing to receive him or them that may be incurred in respect of the applicant and his dependents, if any.

(2)The Board shall repay the sum deposited under subclause (1) if-

(a)the application to which the sum is attached is refused by the Board;

(b)the applicant, subsequent to the issue of the permit, is granted a permanent residence certificate; or

(c)the Director is satisfied that the applicant and his dependents, if any, have left the Islands permanently.

(3)The Board may repay the sum deposited under subclause (1) at any time upon being satisfied that the necessity for the deposit no longer exists.

(4)Where the Board repays the sum under subclauses (2) or (3), the Board shall not be liable to pay interest on such sum.

11.

The covering letter referred to in subparagraph (viii) of clause 7 (c) shall contain the following information-

(a)detailed particulars of the nature of the gainful occupation in which the applicant intends to engage;

(b)particulars of whether the applicant intends to establish and office in the Turks and Caicos Islands;

(c)particulars of employment opportunities within the applicant's intended business for Belongers; and

(d)financial references satisfactory to the Board which establish the applicant's good standing financially.

PART II
Applications under section 23E

12.

An application under section 23E for the name of a new employer to be endorsed on a work permit shall be made by the new employer.

13.

The application shall be accompanied by a letter signed by or on behalf of the employer whose name already appears on the permit certifying that he has no objection to the application.

14.

Clauses 1 (1) (b), (c) (I), (ix) and (x), and 6 apply, mutatis mutandis, to an application under section 23E as they apply to an application for a work permit under section 23A.

Part III
Applications for extension to work permits under section 23F

15.

Clauses 1(1)(a), (b), (c) (i), (iii), (v), (vii), (ix), (x), 2, 4, 6, 7(a), (b), (c) (i), (iii), (vi), (viii) and (ix), 9, 11 and 12 apply, mutatis mutandis, to an application for an extension to a work permit under section 23F as they apply to an application for a work permit under section 23A.

Part IV
Applications for residence permits under section 23A

16.

An application for a residence permit under section 23A(1) may be made by the applicant or by some other person on behalf of the applicant.

17.

Clauses 1(1)(b), (c)(i), (ii), (iii), (vi), (vii), (viii) and (x), 3, 4 and 5 apply, mutatis mutandis, to an application for a residence permit under section 23A(1) as they apply to an application for a work permit under that section.

Part V
Applications for extension to residence permits under section 23F

18.

Clauses 1(1) (b), (c) (i), (iii), (vii), (x) and 4 apply, mutatis mutandis, to an application for an extension to a residence permit under section 23F as they apply to an application for a work permit under section 23A.

19.

Clause 16 applies, mutatis mutandis, to an application for an extension to a residence permit under section 23F as it applies to an application for a residence permit under section 23A.

PASSED by STATE COUNCIL this 18^th day of March 1971.

 

C. S. Jones	R.N. Robinson
SPEAKER	CLERK TO THE COUNCIL