Page images
PDF
EPUB

law, particularly that relating to the Supreme Court and to Real Property and Conveyancing.

And I pray that the blessing of Almightly God may rest upon your deliberations.

[merged small][ocr errors][merged small]

Order, 1920," as amended by Order dated December 3, 1920.-London, March 12, 1923.(1)

At the Court at Buckingham Palace, the 12th day of March, 1923.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by "The Aliens Order, 1920, (2) made in pursuance of The Aliens Restriction Acts, 1914 and 1919,'(3) His Majesty was pleased, by and with the advice of his Privy Council, to impose certain restrictions on aliens, and to make provisions in accordance with the said Acts for giving effect to the said Order:

[ocr errors]

And whereas by The Expiring Laws Continuance Acts, 1920 and 1921," and "The Expiring Laws Act, 1922,' Section 1 of "The Aliens Restriction (Amendment) Act, 1919," was continued until the 31st December, 1923 :

And whereas His Majesty has power by Order in Council to revoke, alter or add to any Order in Council made under the said Acts:

And whereas The Aliens Order, 1920," was amended by Order in Council dated the 3rd December, 1920 "():

And whereas it is expedient that the provisions of The Aliens Order, 1920," as amended, should be further amended in the manner hereinafter appearing:

And whereas the provisions of Section 1 of The Rules Publication Act, 1893," have been complied with:

Now, therefore, His Majesty is pleased, by and with the advice of his Privy Council, to order, and it is hereby ordered, as follows:

The Aliens Order, 1920," shall be amended as follows:

1.-(a.) Sub-Section (2) of Article 1 is hereby revoked. (b.) The following sub-section shall be substituted for Sub-Section (4) of Article 1:

(1) "London Gazette," March 16, 1923.

(2) Vol. CXIII, page 45.

(3) Vol. CXII, page 641.

(1) Vol. CXIII, page 220.

(4.) An immigration officer, in accordance with general or special directions of the Secretary of State, may, by general order or notice or otherwise, attach such conditions as he may think fit to the grant of leave to land, and the Secretary of State may at any time add such conditions as he thinks fit to any such leave already granted, and the alien shall comply with the conditions so attached or added.

An alien who fails to comply with any conditions so attached or added and an alien who is found in the United Kingdom at any time after the expiration of the period limited by any such condition shall, for the purposes of this Order, be deemed to be an alien to whom leave to land has been refused.

(c.) The following sub-section shall be substituted for Sub-Section (5) of Article 1:

(5.) In this Part of this Order the expression "outside the United Kingdom" means outside Great Britain, Northern Ireland, the Irish Free State, the Isle of Man and the Channel Islands.

2. (a.) The following sub-section shall be substituted for Sub-Sections (5) and (6) of Article 3:

:

(5.)—(a.) Any alien to whom this sub-section applies shall be removed from the United Kingdom by the master of the ship in which he arrived, or, if directions for the purpose are given by the Secretary of State or an immigration officer, by the owner or agents of that ship, to the country of which he is a national or from which he embarked for the United Kingdom, or where (if a seaman) he was engaged.

(b.) It shall be lawful (notwithstanding any intervening prosecution) for an immigration officer or any constable to place any alien to whom this sub-section applies on board the ship in which he arrived in the United Kingdom or on board any ship belonging to the same owners for removal from the United Kingdom.

(c.) This sub-section shall apply to

(i.) Any alien to whom leave to land has been refused. (ii.) Any alien who, not having been granted leave to land, is found on shore in the United Kingdom:

Provided that this sub-section shall not apply if a period exceeding two months has elapsed since the date of the last arrival of the alien in the United Kingdom."

(b.) Sub-Sections (7) and (8) of Article 3 shall be numbered (6) and (7) respectively.

[ocr errors]

3. The word "outside" shall be substituted for the words out of" in the first line of paragraph (i) of Article 4, and the following paragraph shall be added at the end of that Article:

Provided that an alien who remains in or re-enters the United Kingdom contrary to the terms or conditions of any

bond executed in respect of him in pursuance of paragraph (i) of this Article shall be deemed to be an alien to whom leave to land has been refused.

3A. Sub-Section (2) of Article 6A is hereby revoked.

4. The words or the Irish Free State" shall be inserted after the words "United Kingdom" in Sub-Section (3) of Article 15.

5. The following sub-section shall be substituted for Sub-Section (1) of Article 18:

(1.)—(a.) If any person acts in contravention of, or fails to comply with, any provisions of this Order or any order or rules made or conditions imposed or directions given thereunder, or

(b.) If any alien, having landed in the United Kingdom in contravention of Article 1 of this Order, is at any time found within the United Kingdom,

he shall be guilty of an offence against this Order.

6. The first paragraph of Sub-Section (2) of Article 20 is hereby revoked, and the following paragraph shall be added at the end of that sub-section :

The expression" United Kingdom means (except in the context dealt with in Sub-Section (5) of Article 1) Great Britain and Northern Ireland.

7.-(a.) The following sub-section shall be substituted for Sub-Sections (1) and (2) of Article 21:

(1.) Where an alien is recognised as a national by the law of more than one foreign State or where for any reason it is uncertain what nationality (if any) is to be ascribed to an alien, that alien may be treated as the national of the State with which he appears to be most closely connected for the time being in interest or sympathy or as being of uncertain nationality or of no nationality:

Provided that where an alien acquired a nationality at birth he shall (unless the Secretary of State otherwise directs either generally or in the particular case) be deemed to retain that nationality unless he has subsequently acquired by naturalisation or otherwise some other nationality and is still recognised by the Sovereign or State whose nationality he has acquired as entitled to protection.

(b.) Sub-Section (3) of Article 21 shall be numbered (2). 8. The following sub-section shall be substituted for Sub-Section (2) of Article 22:

(2.) Unless the Secretary of State otherwise directs, either generally or in any particular case, nothing in this Order or regulations made thereunder shall apply to any alien who for the time being is a member of His Majesty's regular naval, military, or air forces, or to the wife or minor child of any such alien:

Provided that this exception shall not operate in the case

of any such alien who is absent without leave or is in the custody of any civil authority after arrest while absent without leave.

A certificate by the Lords Commissioners of the Admiralty, the Army Council, or the Air Council, as to the absence without leave of a member of such forces at a particular time or for a particular period shall be final and conclusive as to the fact of such absence for the purpose of this sub-section.

9. The following sub-section shall be substituted for Sub-Section (2) of Article 23:

(2.) In the application of this Order to Northern Ireland

The expression "police district" means the county borough of Belfast, the county borough of Londonderry, and any county or other area or combination of areas to which a county inspector of the Royal Ulster Constabulary or officer having the rank of such county inspector is assigned; and the expression Chief Officer of Police means, as respects the police district of the county borough of Belfast or of the county borough of Londonderry, the Commissioner or Town Inspector of the said Constabulary, and as respects any other police district, the county inspector of the said Constabulary, or officer having the rank of such county inspector, as the case may be.

A reference to the Ministry of Home Affairs for Northern Ireland shall be substituted for any reference to the Minister of Health.

For the purposes of a trial of a person for an offence under this Order a summons may be issued by a Justice to a witness who is not within his jurisdiction, and any such summons may be issued, served and enforced in the same manner as a summons to a witness within the jurisdiction of the issuing Justice.

The Lord Chief Justice of Northern Ireland may make rules for the purposes for which rules may be made under Section 29 of "The Summary Jurisdiction Act, 1879," and all rules so made shall be laid before both Houses of Parliament.

10. This Order shall come into operation forthwith. ALMERIC FITZROY.

[CXVII]

BRITISH ORDER IN COUNCIL regarding the Interpretation of Article 22 of the Anglo-French Protocol of August 6, 1914, respecting the New Hebrides.-London, March 12, 1923.(1)

At the Court at Buckingham Palace, the 12th day of March, 1923.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY.

Lord President.

Sir Frederick Ponsonby.

Sir John Baird, Bt.

Mr. Neville Chamberlain.

WHEREAS by treaty, grant, usage, sufferance and other lawful means His Majesty has jurisdiction within the Islands of the Pacific Ocean known as the New Hebrides, including the Banks Islands and Torres Islands:

And whereas by an Order in Council, bearing date the 20th day of June, 1922, and entitled "The New Hebrides Order in Council, 1922 "(2) (hereinafter called "the Principal Order "), provision was made for the exercise of His Majesty's jurisdiction within the said Islands in accordance with the terms of a Protocol signed at London on the 6th day of August, 1914, (3) by representatives of the Government of His Majesty the King and the Government of the French Republic and ratified on the 18th day of March, 1922, by His Majesty's Government and the Government of the French Republic:

And whereas it has been agreed by notes exchanged between the Government of His Majesty the King and the Government of the French Republic, dated the 16th day of December, 1922, and the 26th day of December, 1922, respectively, and set out in the Schedule to this Order that. the expression suits respecting immovable property ("litiges immobiliers ") as used in the said Protocol shall be so interpreted as to apply equally to actions and suits regarding mines, minerals and everything below the surfaceof the soil:

66

And whereas it is expedient to provide for the exercise of His Majesty's jurisdiction within the said Islands in accordance with the terms of the said Protocol as interpreted by the said notes of the 16th day of December and the 26th day of December, 1922:

Now, therefore, His Majesty, in virtue of the powers by "The Foreign Jurisdiction Act, 1890,"(4) and all other powers thereto him enabling, by and with the advice of His

(1) London Gazette," March 16, 1923.

(2) Vol. CXVI, page 155.
(3) Vol. CXIV, page 212.

(4) Vol. LXXXII, page 655.

« PreviousContinue »