Page:Halsbury Laws of England v1 1907.pdf/542

 ——

— Aliens.

320

Part VI. Sect.

— Regulation Sect.

1.

In General. Powers of Crown.

1.

Immigration.

of Alien In General.

705. At common law the King had power to reject or expel (//), but an exception in favour of merchants was made by

aliens

(i), except in time of war. On the reissue of the Charter in the reign of Henry III. the words nisi publice antea prohibiti fuerint " were introduced into the clause {j). The Crown has, however, not exercised this right of expulsion since 1575 {k), but Parliament has from time to time passed Acts making regulations

Magna Carta

and expulsion of aliens (I). Alien immigration is now regulated by the Aliens Act, 1905 (???). In carrying out the provisions of the Act due regard is to be had to any treaty, convention, arrangement, or engagement with any foreign country (w). for the landing, registration,

Sect. Sub-Sect. Inspection

and leave to land.

When leave will not be refused.

2. 1.

Admission of Aliens, Inspection

and leave

to

Land.

706. No immigrant (o) may be landed from an immigrant ship (o) except at a port where there is an immigration officer, whose leave {p) must be first obtained, after he has made an inspection {q) of the immigrants, in company with a medical inspector, and the immigration officer must withhold leave in the case of any immigrant who appears to him to be an undesirable immigrant (r). Leave to land may not be withheld (1) in the case of an immigrant who proves (s) that he is seeking admission to this country solely to avoid persecution or punishment on religious or political grounds, or for an offence of a political character, or persecution, involving danger of imprisonment or danger to life or limb, on {h) [i)

0')

Musgrove 1 Bl. Com. 252 Mag. Cart. (1215), iv. 41. 9 Hen. 3, c. 30.

v.

Chun Teeong Toy, [1891] A.

Taswell-Langmead's Constitutional History (6th. Lord Granville's Alien Act, 1793 (33 Geo.

[k)

C. 272.

ed.), p. 523, n. 3.

4); Eegistrafion of Aliens Act, 1826 (7 Geo. 4, c. 54); Eegistration of Aliens Act, 1836 (6 & 7 Will. 4, c. 11), repealed by the Aliens Act, 1905 (5 Edw. 7, c. 13), s. 10 (2). (m) 5 Edw. 7, c. 13. For the various rules orders etc. made under the Act, see the Eegulations etc. made by the Secretary of State for the Home Department vi^ith regard to the Administration of the Aliens Act, 1905 (Cd. 2879), which may be obtained from the King's Printers. {n) Aliens Act, 1905 (5 Edw. 7, c. 13), s. 7 (6). (/)

(o) (f>)

q)

E.g.,

For definitions, see p. 304, ante. The leave maybe given verbally (Eules, dated December 19, 1905, No. 1). Aliens Act, 1905 (5 Edw. 7, c. 13), s. 1. Such inspection must be made

as soon as practicable. {r) For definition, see p. 304, ante, c.

3, c.

13),s.

and see generally Aliens Act, 1905

(5

Edw.

7,

1.

Note, however, the Instruction to Immigration Officers, issued by the Secretary, dated March 9, 1906. "In all cases in which immigrants, coming from th,e parts of the continent which are at present in a disturbed condition, allege that they are flying from political or religious persecution, the benefit of the doubt, where any doubt exists, as to the truth of the allegation will be allowed and leave to land will be given." (s)

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