Page:Halsbury Laws of England v1 1907.pdf/547

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— Part VI.

Regulation of Alien Immigration.

made

(except in the case of an alien who 1, 1906, or in whose case leave to land has been given under the Act) on a certificate given If

an expulsion order

last entered the

is

kingdom before January

325 Sect.

3.

Expulsion of Aliens,

within six months after he last entered the United Kingdom, the Liability of master of the ship in which he was brought (s), and also the master master of of any ship belonging to the same owner, is liable to pay to the Secre- ^^^Ptary of State as a debt due to the Crown any sums paid by the Secretary of State in connection with the alien under the provision referred to, and must, if required by the Secretary of State, receive the alien and his dependents, if any, on board his ship and afford them tree of charge a passage to the port of embarkation and proper accommodation and maintenance during the passage {t). Sect.

4.

Custody of Aliens^

Any immigrant who is conditionally disembarked, and any whose case an expulsion order has been made, while awaiting the departure of his ship and whilst being conveyed to the ship, and whilst on board the ship until the ship finally leaves the United Kingdom, and any alien in whose case a certificate has been given by a Court with a view to the making of an expulsion order, until the Secretary of State has decided upon his case, may be kept in custody as the Secretary of State directs, and whilst in that custody is deemed to be in legal custody (lo). Any immigrant who is conditionally disembarked for the pur717.

alien in

pose of inspection, appeal or otherwise, is in the custody of the master of the ship until leave to land has been given, or, if leave is withheld, until he finally leaves the United Kingdom (a),

Where

Custody in general

Immigrants conditionally

disembarked.

a Court gives a certificate with a view to the expulsion Where without imposing a sentence of imprisonment, the certificate of Court alien must, unless the Court otherwise directs and admits him to given. bail, be committed to prison until the orders of the Secretary of State with respect to his expulsion are received (b). Where the Court gives a certificate and imposes a term of Imprisonment imprisonment not exceeding one month, the alien must, if the pending decision of Secretary of State has not sooner decided upon his case, be detained Secretary of in prison until the orders of the Secretary of State with respect to State. his expulsion have been received (b). A copy of the certificate signed by the clerk or other proper ofiicer of the Court giving the certificate is sufficient authority to the police to take the alien into custody and convey him to prison and to the governor of the prison to receive and detain him until such orders have been received. The certificate has to be forwarded to the Secretary of

718.

of

an

alien,

(.s) Even though the alien was brought without the knowledge and consent of the master {e.g., a stowaway) see A.-G. v. Satcliffe, [1907] W. N. 191. {t) Aliens Act, 1905 (5 Edw.7, c. 13), s. 4 (2).

{a) Ibid.,

s.

7

(3).

Orders and IDirections of the Secretary of State for the Home Department, dated December 19, 1905, under the Aliens Act, 1905 (5 Edw. 7, (a)

c.

13).

Directions, dated December 4, 1905, of the Secretary of State for the Ilome Department under the Aliens Act, 1905 (5 Edw. 7, c. 13, ss. 3 and 7 (3) ), (b)

as to custody in connection with Expulsion Orders,

s. 1

(1), (2).