ORDINANCE of the Government of Hong Kong to repeal "The Malay States Extradition Ordinance, 1903.'

[No. 2.]

I assent to this Ordinance.

(L.S.)

F: H. MAY, Governor.

[May 31, 1918.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as 'The Malay States Extradition Ordinance Repeal Ordinance, 1918."

2. The Malay States Extradition Ordinance, 1903," in so far as it has not been repealed by "The Malay States Extradition Amendment Ordinance, 1917," is hereby repealed. Passed the Legislative Council of Hong Kong this 23rd day of May, 1918.

A. G. M. FLETCHER,

Clerk of Councils.

Assented to by his Excellency the Governor, the 31st day

of May, 1918.

CLAUD SEVERN,

Colonial Secretary.

ENACTMENT of the State of Johore to amend "The Fugitive Offenders Enactment, 1915."‡

[No. 8.]

IBRAHIM, Sultan.

[May 16, 1918.]

IT is hereby enacted by His Highness the Sultan in Council as follows:

1.-(i.) This Enactment may be cited as "The Fugitive Offenders Enactment, 1915, Amendment Enactment, 1918," and shall come into force on the publication thereof in the "Gazette."'S

46

(ii.) This Enactment shall be read and construed as one with The Fugitive Offenders Enactment, 1915 " (hereinafter called the "Principal Enactment "), and any copies of the Principal Enactment printed after the commencement of this Enactment may be printed with the amendments made by this Enactment.

* Vol. XCVII, page 621. + Page 224. ↑ Vol. CIX, page 597. § Published in the Johore Government "Gazette" of May 22, 1918.

2. Section 2 of the Principal Enactment is amended by adding at the end of the interpretation of "Agreeing State the words and includes any British Dominion in respect whereof an Order in Council shall have been made directing that Part II of the Imperial Act shall apply to the State and to such British Dominion as if they were a group of British

3. Section 3 of the Principal Enactment is amended by inserting in line 6, immediately after the words "State or States, the words "or British Dominion or Dominions,' and by inserting in line 8, immediately after the words "every such State," the words "or British Dominion."

ORDINANCE of the Government of the Colony and Protectorate of Nigeria to impose restrictions on Immigration.

[No. 65.]

(L.S.) F. D. LUGARD,

[November 8, 1917.*]

November 8, 1917.

BE it enacted by the Governor of the Colony and Protectorate of Nigeria, with the advice and consent of the Legislative Council so far as the provisions hereof relate to the Colony, as follows:

1. This Ordinance may be cited as "The Immigration Restriction Ordinance, 1917," and shall come into operation on such date as the Governor, by notice in the "Gazette," shall determine.

2. Definition

Immigration Officer" includes the Principal Immigra tion Officer and any Assistant Immigration Officer.

3. The Governor shall appoint a Principal Immigration Officer to have charge of the administration of this Ordinance and may appoint such Assistant Immigration Officers as he may think fit.

4. This Ordinance shall not apply to immigration of the following persons:

(a.) Persons in the service of the Government of Nigeria. (b.) Officers and the members of the crews of His Majesty's ships or of the ships of any friendly Power.

(c.) Any member of His Majesty's military, diplomatic or consular services.

Brought into operation on March 1, 1918.

(d.) Any person duly.accredited to Nigeria by any Govern

ment.

(e.) Any person in the service of the Government of & neighbouring country entering and passing through Nigeria to or from such country.

(f.) Excepting section 17, any native.

(9.) The wife, and any child appearing to the Immigration Officer to be under the age of 16, of a person not being a prohibited immigrant, provided that they are not themselves prohibited immigrants, under any of the descriptions in section 5, other than description (a).

5. The immigration into Nigeria by land or sea of any of the persons being or appearing to be of any of the classes defined in this section (in this Ordinance referred to as "Prohibited Immigrants ") is prohibited

(a.) Any person without visible means of support or any person who is likely to become a pauper or a public charge. (b.) Any idiot or insane person.

(c.) Any person who, not having received a free pardon, has been convicted in any country of murder or an offence for which a sentence of imprisonment has been passed for any term, and who by reason of the circumstances connected therewith is deemed by the Governor to be an undesirable immigrant.

(d.) Any prostitute.

(e.) Any person who, from information officially received by the Governor from a Secretary of State, or from the officer administering the Government of any British Colony or Protectorate, or from any Foreign Minister or from any officer administering the Government of any foreign Colony. or Protectorate, is deemed by the Governor to be an undesirable immigrant.

(f.) Any person who is shown, by evidence which the Governor may deem sufficient, to be likely to conduct himself so as to be dangerous to peace and good order in Nigeria, or to excite enmity between the people of Nigeria and His Majesty, or to intrigue against His Majesty's power and authority in Nigeria.

(9.) Any person who has signed or entered into an agreement to labour for hire in Nigeria, or whose passage has been paid on his behalf with a view. to his entering into such an agreement on arrival, except the consent in writing of the Governor to immigration of such person has been obtained.

(h.) Any person, not being a British subject, intending to undertake either missionary or educational work in Nigeria, except such person has obtained from His Majesty's Government permission in writing to undertake such work in Nigeria. Provided that this prohibition shall not apply to persons

residing and carrying on missionary or educational work in Nigeria at the commencement of this Ordinance.

6.-(1.) The master of a ship arriving in any port in Nigeria having on board any non-native passenger who intends to disembark at such port shall furnish to the Immigration Officer a return in the prescribed form of all such passengers.

(2.) The master of a ship arriving in any port in Nigeria shall not permit any non-native passenger to disembark from such ship until such disembarkation has been authorised by an Immigration Officer.

7. Every non-native passenger disembarking at any port in Nigeria shall, unless he has previously obtained a certificate under section 10 and such certificate has not been cancelled, appear before the Immigration Officer either on board such ship or at such time and place as the Immigration Officer shall direct, and the Immigration Officer shall after such examination as he may consider necessary, inform such person and the master of the ship whether the passenger is a prohibited immigrant or not.

8. Every non-native who enters Nigeria otherwise than by sea shall, unless he has previously obtained a certificate under section 10 and such certificate has not been cancelled, forthwith proceed to and appear before the nearest Immigration Officer who, after such examination as he may consider necessary, shall inform such non-native whether he is a prohibited immigrant or not.

9. If any non-native shall fail to comply with the requirements of either of the last two preceding sections or shall withhold any fact or information which would bring such person within any of the classes of prohibited immigrant as defined in section 5, he shall be liable to a fine of 50l. or imprisonment for six months and may be dealt with as a prohibited immigrant.

10. The Immigration Officer shall furnish every nonnative immigrant who shall appear to be a fit and proper person to be received as an immigrant with a certificate in the prescribed form.

11. Any non-native appearing to be a prohibited immigrant within the description (a) in section 5 and not within any of the other descriptions, may be allowed to enter Nigeria upon the following conditions:

(a.) He shall deposit with the Immigration Officer the sum of 301. provided that the Immigration Officer may in lieu of requiring the said deposit permit the intending immigrant to give security by bond in the prescribed form in the sum of 301. with one or more sureties to be approved by the Immigration Officer conditional on the intending immigrant

obtaining from the Immigration Officer within six months after entering Nigeria a certificate that he is a fit and proper person to be received as an immigrant.

(b.) If he shall, within six months after entering Nigeria, obtain from the Immigration Officer such certificate as aforesaid his deposit, if any, shall be refunded.

(c.) If he shall fail to obtain such certificate within six months as aforesaid, his deposit may be forfeited or the bond may be put in suit by any Immigration Officer, and he may be deported.

In the case of any person allowed to enter Nigeria under this section, no liability shall attach to the vessel or the owner, agent or master of such vessel.

12.-(1.) Any prohibited immigrant who shall enter Nigeria except under and in accordance with the provisions of section 11 or under and in accordance with a visiting or transit permit shall be liable to a fine of 50l. or imprisonment for six months and may be deported.

(2.) No person who comes within the definition of a prohibited immigrant shall be released from the operation of this Ordinance or be allowed to be or remain in Nigeria merely because he has not been notified not to enter Nigeria or because he may have been allowed to enter Nigeria through oversight or through want of knowledge that he was a prohibited immigrant. Proof adduced within twelve months after any person has entered Nigeria that he is of any of the classes whose entry is prohibited shall be sufficient evidence that such person was a prohibited immigrant, and such person shall be liable to be then dealt with as a probibited immigrant and the certificate, if any, issued to him shall be deemed to be cancelled.

(3.) When arrangements have been made for the deportation of a person undergoing a sentence of imprisonment imposed under sub-section (1) such person may be taken and placed on board the ship on which he is to be deported, notwithstanding that the full term of imprisonment has not been served.

13. (1.) Any Immigration Officer may for the purposes of this Ordinance board as often as may be necessary any ship.

(2.) Any police officer or Immigration Officer may, subject to the provisions of this Ordinance, prevent any prohibited immigrant from entering Nigeria by land or sea, and may without warrant arrest any person suspected of being a prohibited immigrant, provided he shall without delay bring the person arrested before a magistrate, unless the ship from which such person may have landed shall be on the point of