Page:Halsbury Laws of England v1 1907.pdf/543

 Part YI.

—Regulation

of Alien Immigration.

account of religions belief, on the ground merely of want of means nor (2) in or the probability of his becoming a charge on the rates the case of an immigrant who shows to the satisfaction of the immigration officer or board concerned with the case that, having taken his ticket in the United Kingdom, and embarked direct therefrom for some other country immediately after a period of residence in the United Kingdom of not less than six months, he has been refused admission in that country and returned direct therefrom to a port in the United Kingdom (^); nor (3) in the case

321 Sect.

2.

Admission of Aliens,

of an immigrant who satisfies the immigration officer or board concerned with the case that he was born in the United Kingdom and that his father was a British subject, merely on the ground of

want

means

of

(a).

Alien seamen who prove (b) that they are under actual contract to join a ship in British waters are deemed not to be immigrants (c). In the case of distressed seamen returned to the United Kingdom from abroad under the orders of a British consul or other competent British authority, leave to land is given (d). Seamen landing with the object merely of making engagements are subject to inspection as ordinary immigrants (e).

Alien seamen,

707. The Secretary of State may, subject to such conditions as be thinks fit to impose, by order exempt any immigrant ships from inspection if he is satisfied that a proper system is being maintained for preventing the embarkation of undesirable immigrants on those

Exemptions,

ships, or

if

security (/)

is

given to his satisfaction that undesirable

immigrants will not be landed except for the purpose of transit. Such order may be withdrawn at any time at his discretion (^).

—

708. Conditional disembarkation may be allowed (a) For the purposes of inspection (h), (b) For the purpose of enabling aliens to prove they are transmigrants.

(t)

The

land

may

In these cases

the

sanction

of

the

Secretary

not clear, but apparently leave to not be witheld on any of the grounds contained in the section, in the case of immigrants coming within the terms of the provision. (a) Aliens Act, 1905 (5 Edw. 7, c. 13), s. 1 (3). With regard to class (3), a person born in the United Kingdom is a British subject, and consequently not within the terms of the Act. It is clear, therefore, that class (3) must refer to a person born in the United Kingdom who has lost his British nationality by being naturalized abroad. (b) Satisfactory evidence of such contract must be produced to the immigration ofiS-cer, either by an individual seaman or by some responsible person in charge of or on behalf of a crew (Memo, on Aliens Act, 1905, s. 22). (c) The presumption is that such seamen may be regarded as coming within the meaning of s. 8 (1) (a) of the Aliens Act, 1905 (ihid.). {d) See Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60). A master of a British ship is bound to receive on board his ship, and afford a passage to the United Kingdom to, all distressed seamen under that Act (s. 192); consequently, if on their arrival they were refused leave to land, the provisions of the Act would be reduced to a nullity. (e) Memo, on Aliens Act, 1905, s. 22. (/) See pp. 322, 323, post. (g) Aliens Act, 1905 (5 Edw. 7, c. 13), s 1 (4). effect of this particular provision is

(A) Ibid.,

H.L.

—

I.

s. 1 (1).

Y

Conditional disembarka-