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BERMUDA
1956 : 30
BERMUDA IMMIGRATION
AND PROTECTION ACT 1956
ARRANGEMENT OF
SECTIONS
PART I
PRELIMINARY
1 Division
of Act into Parts
2 Interpretation
3 Meaning
of "Commonwealth citizen" and "alien"
4 Construction
of references to "Bermudian status"
5 Procedure
on appeal to Cabinet
6 Inclusion
of offences against statutory instruments
7 Procedure
for recovery of public charges
7A Effect
of grants
8 Conflict
with other laws
9 Saving
for other Acts and powers of Governor under British Nation ality Act 1981
PART II
AUTHORITIES FOR
EXE CUTION OF ACT
10 Finality
of decisions by Governor and Cabinet
11 Establishment
of Department of Immigration
12 Board
of Immigration
13 Minister
may consult with or delegate functions to Board of Immigration
14 Powers
and immunities of immigration officers
15 Duty
of police and customs officers in connection with administration of Act
PART III
ACQUISITION AND
EN JOYMENT OF BERMUDIAN STATUS
16 General
provisions regarding acquisition and enjoyment of Bermudian status; status of
wives, widows and children
17 Acquisition
of Bermudian status by persons domiciled for purposes of Im migration Act 1937
18 Acquisition
of Bermudian status by birth
18A Bermudian
status by virtue of birth in certain other cases
19 Right
of persons with Bermudian connection to Bermudian status
19A Right
of spouses to Bermudian status
20 Right
of persons within s.16(2) to Bermudian status
20A Right
of certain long-term residents to Bermudian status
20B Right
to Bermudian status in certain other cases
21 Certificate
of Bermudian status
22 Loss
of Bermudian status
PART IV
CONTROL OF ENTRY AND RESIDENCE IN BERMUDA
23 Interpretation
of Part IV
24 Construction
of expressions relating to landing, etc.
25 Declaration
of general principle regarding restriction on entry of persons into Bermuda,
and subsequent residence, etc., therein
26 Power
of Minister to declare landing of various classes of persons to be prohibited
27 Special
provisions relating to landing, etc., of alien wives, etc., of persons who pos sess
Bermudian status
27A Special
provisions relating to landing etc. of husbands of Bermudians
28 Requirements
imposed in respect of bona fide
visitors
29 Requirements
imposed in respect of special category persons
30 Special
provisions with respect to wives and dependent children of special category
persons
31 Provisions
relating to exceptionable persons
32 Power
to impose conditions in connection with permission to land, etc.
33 Safeguards
regarding permission to land, etc.
34 Revocation
of permission to land, etc.
35 Duty
of local representative of ship or aircraft to give notice of arrival
36 Control
of landing from ships
37 Inward
passenger and crew manifests
38 Outward
passenger and crew manifests
39 Special
provisions as to Government ships and service aircraft
40 Supervision
of landing from ships by immigration officer
41 Supervision
of landing from aircraft by immigration officer
42 Landing
cards
43 Duty
with respect to removal of persons illegally landing
44 Special
provisions respecting arrivals by aircraft
45 Special
provisions relating to stowaways and deserters
46 Financial
responsibility for maintenance of per sons illegally landed
47 Transit
passengers
48 Power
to require medical examinations
49 Power
to arrest persons illegally landed
50 Offences
relating to illegal landing
50A Offence
of harbouring illegal immigrant
51 Duty
to produce passports, etc.
52 Restrictions
on signing on and off members of ship's company
53 Re-entry
permits
54 Distribution
of copies of stop list, etc., to shipping agents, etc.
55 Regulations
56 Transitional
provisions for purposes of Part IV
PART V
REGULATION OF ENGAGEMENT IN GAINFUL OCCUPATION
57 Interpretation
and construction of expressions relating to engagement in gainful occupation;
power to declare certain occupations
to be treated as gainful occupation
58 Saving
for powers under Parts IV and VII
59 Special
category persons
60 General
principle regarding regulation of engage ment in gainful occupa tion
61 Grant
etc. of permission to engage in gainful occupation
61A [repealed]
61B [repealed]
61C [repealed]
61D [repealed]
61E [repealed]
62 Special
provisions respecting obligation of em ployers with respect to special category
persons
63 Special
provisions with respect to carrying on business by travelling salesmen
64 Offence
of engaging in gainful occupation in contravention of Part V
65 Offence
of employing per son in contravention of Part V
66 Carrying
of identity cards, etc.
67 Power
to enter premises
68 Regulations
69 [repealed]
70 [repealed]
71 [omitted]
PART VI
RESTRICTIONS ON ACQUISITION, ETC., OF PROP ERTY
72 Interpretation
of Part VI
73 Saving
for provisions of other Parts of Act
74 Saving
for other Acts, etc., as respects acquisition or holding of property and restrictions
on use of land
75 Saving
for rights of United States citizens under Washington Convention
76 Capacity
of alien to acquire, etc., real and per sonal property
77 Exclusion
of qualification for franchise, etc.
78 Corporations
79 Saving
for existing rights
80 Restrictions
on acquisi tion of land by restricted persons
81 Holding
of land acquired by certain restricted persons by devise or inheri tance
82 Holding
of land acquired by certain restricted persons by mortgage or fore closure
83 Applications
for grant of licences
84 Regulations
relating to applications for grant of licences
85 Grant
of licences
86 Power
of Governor to impose conditions and limi tations in licence
87 Validity
of licence
88 Registration
of acquisition of land by restricted persons
89 Registration
of divestment of ownership of land by restricted person
90 Registration
on change of status of alien
91 Register
of lands held by restricted persons
92 Regulations
relating to registration of land
93 Cessation
of conditions and limitations where owner acquires Bermu dian status
94 Provisions
where alien holding land becomes Commonwealth citizen
95 Provision
where Commonwealth citizen acquires land under mistaken belief that he is alien
96 Contravention
of condi tion or limitation specified in licence
97 Prohibition
of speculation, etc., in land by restricted persons
98 Escheat
of land in respect of which certain offences have been committed
99 Construction
of Part VI with respect to rights of United States citizens under Wash ington
Conven tion
100 Special
provisions relating to sale of real property by United States citizens
101 Special
provisions relating to registration of acquisition of real property
102 Special
provisions relating to licences, sanctions, etc., granted under previous legis lation
PART VII
DEPORTATION
103 Interpretation
of Part VII
104 Non-application
of Part VII as respects persons possessing Bermudian status or their wives,
etc.
105 Arrest
of persons charged
106 Power
of Governor to make deportation order
107 Power
to detain, etc., person charged
108 Form
of deportation order; power of revocation, variation, etc.
109 Service
of deportation order, etc.
110 Duty
to comply with deportation order
111 Duty
to afford transportation of deportee to place outside Bermuda
112 Harbouring
deportee
113 Arrest
of person contravening, etc., Part VII
114 Evidence
in proceedings taken under Part VII
115 Duty
of Minister to inform Secretary to Cabinet of persons recommended for depor tation
116 Duty
of Commissioner of Prisons to inform Chief Immigration Officer of persons de tained
who are liable to deportation
117 Governor
to act in his discretion in certain circumstances
118 [omitted]
PART VIII
SUPPLEMENTAL, ETC., PROVISIONS
119 Power
of Minister generally to make regulations
120 General
provisions relating to regulations
121 Notices,
etc., to be in writing; form of notices, etc.
122 Authentication
of documents
123 Service
of notices, orders, etc.
124 Appeals
to Cabinet
125 Power
to put questions and require production of documents, etc.
126 Power
to enter premises
127 Records
of arrivals in and departures from Bermuda; evidence
128 Furnishing
of copies of Act, etc.
129 Recovery
of amount of public charges incurred for persons declared to be liable
130 Application
of money deposited with Chief Immi gration Officer
131 Determination
of nationality of alien, etc.
132 General
provisions regarding contraventions of Act and statutory instru ments
133 Obstruction
of persons acting in execution of Act
134 Offences
relating to false statements, use of false documents, etc.
135 Obligation
of secrecy
136 Prosecution
of offences against Act
137 Restriction
on institution of prosecutions
138 Arrest
139 Time
within which prosecutions may be instituted
140 Conduct
of prosecutions
141 Punishment
for offences against Act
142 Offences
by bodies corporate
143 Evidence
in proceedings taken under or in connection with Act
144 Commencement
of Act
145 Repeal
of Acts
146 Consequential
amend ment of Acts
147 [omitted]
SCHEDULES
FIRST
SCHEDULE A
Persons with a Qualifying Bermudian Connection
FIRST
SCHEDULE
Special Category Persons
PART I
Persons in Government
Em ployment
PART II
Persons not in Government Employment
SECOND
SCHEDULE
[omitted]
THIRD
SCHEDULE
[omitted]
FOURTH
SCHEDULE
[omitted]
[30 April 1956]
[preamble and words of enactment omitted]
PART I
PRELIMINARY
Division of Act
into Parts
1 [omitted]
Interpretation
2 In this Act, unless the context
otherwise requires—
"the Board of
Immigration" or "the Board" means the Bermuda Board of
Immigration es tablished under this Act;
"the Chief
Immigration Officer" means the public officer having the supervision of
the Department pursuant to section
11(2);
"the
Department" means the Department of Immigration estab lished under this
Act;
"dependant",
in relation to any person means the wife or, as the case may be, the hus band,
of that person, and any of
the following relations of that person, that is to
say, a child, step-child, adopted child, grandchild, parent, step-parent, grand
parent,
brother, sister, half-brother or half-sister, being in each case wholly or
substantially dependent upon that per son;
"deportation
order" means an order made or in force under Part VII requiring the person
in respect of whom it is made
to leave and remain out of Bermuda;
"destitute
person" means a person who is the cause of, or is likely to be the cause
of, public charges by reason of mental
or bodily infirmity or insufficiency of
means to support him self and his dependants (if any);
"immigration
officer" means a public officer appointed to be an immigration officer;
"the
Minister" means the Minister re sponsible for immigration;
"prescribed"
means, in relation to any matter, prescribed by a statutory instrument in force
under this Act and relating
to that matter;
"public
charges" includes charges against municipal or parochial funds, or against
the funds of any hospital supported
wholly or in part out of public funds;
"special category
person" has the meaning given in section 59(1); and "special category
person in Government employment"
has the meaning given in section 59(2);
"stop list"
has the meaning given in section 31(5);
"undesirable
person" means a person who is, or who has been, so conducting himself
(whether within or outside Bermuda)
as to be, or to be likely to be,
prejudicial to the proper main tenance of peace, good order, good government or
public morals
in Bermuda; and "undesirable", in relation to the con duct
of any person, shall be construed accordingly,
Meaning of
"Commonwealth citizen" and "alien"
3 (1) For
the purposes of this Act "Commonwealth citizen" has the same meaning
as it has in the British Nationality Act 1981
of the United Kingdom, that is to
say, it means a person who has the status of a Commonwealth citizen under that
Act; and for those
purposes "alien" also has the same meaning as
"alien" has in that Act, that is to say, it means a person who
is
neither a Commonwealth citizen nor a British protected person nor a citizen of
the Republic of Ireland within the meanings respectively
assigned to those expressions
in that Act.
(2) A
person who is a Commonwealth citizen shall for all the purposes of this Act be
treated as a Commonwealth citizen, notwith standing
that by virtue of the law
of any foreign country he may be also a national or citizen of that country.
(3) [added and repealed by 1995:36]
Construction of
references to "Bermudian status"
4 Any reference in this Act to the
acquisition, possession or en joyment of Bermudian status shall be construed as
a reference to
the acquisition, possession or enjoyment of such status by
virtue of section 16.
Procedure on
appeal to Cabinet
5 Where under any provision of this Act
an appeal to the Cabinet is allowed, the pro cedure in respect of any such
appeal shall be
the pro-cedure specified in section 124.
Inclusion of offences against statutory instruments
6 Except as otherwise expressly
provided, any reference in this Act to an offence against this Act shall be
construed as including,
where the context allows, a reference to an of fence
against any statutory instru ment in force thereunder.
Procedure for
recovery of public charges
7 Where under any provision of this Act
any person is declared to be financially re sponsible for any public charges
incurred in respect
of any other person, the procedure for recov ering the amount
of such charges shall be the procedure specified in section 129.
Effect of
grants
7A (1) A
grant to a person shall not, except to the extent, if any, expressed in the
grant, confer upon him any right, or ground or support
any hope, claim or
expectation which he may assert—
(a) to or of any extension or renewal of the right
or rights expressed in the grant; or
(b) to or of the award of any right or rights other
than the right or rights so expressed.
(2) In subsection (1), "grant" means a
certificate, licence, permit or other permission (whether so called or by any
other
name) given or is sued to a person under any provision of this Act.
Conflict with
other laws
8 (1) Except
as otherwise expressly provided, wherever the provi sions of this Act or of any
statutory instrument in force thereunder
are in conflict with any provision of
any other Act or statutory instrument,
the provisions of this Act or, as the case may be, of such statutory
instru ment in force thereunder, shall prevail.
(2) Subject to subsection (1) nothing in this
Act shall absolve any person from any lia bility that he may incur by virtue of
any other
Act or at common law.
Saving for
other Acts and powers of Governor under British Nation ality Act 1981
9 (1) Nothing
in this Act shall derogate from or abridge any provision of the Quarantine Act
1946 [title 11 item 2] or of any
statutory instrument in force thereunder, by or under which the movements of
any person may be restricted.
(2) Nothing in this Act shall derogate from or
abridge any pro vision of the United States Bases (Agreement) Act 1952 [title 7 item 41], whereby special
provision is made with respect to the admission into, or the residence or
occupation in, or the deportation from,
Bermuda of cer tain classes of persons
in, or entering, Bermuda in connection with the construction, mainte nance,
operation or
defence of the Bases.
(2A) In subsection (2) "the Bases" has
the meaning given in the United States Bases (Agreement) Act 1952 [title 7 item 41].
(3) Nothing in this Act shall derogate from or
abridge any pro vision of—
(a) the Companies Act 1981 [title 17 item 5]; or
(b) the Banks Act 1969 [title 17 item 20]; or
(c) the Foreign Recruiting Act 1874 [title 6 item 11], or any order made
thereunder; or
(d) the International Organizations, etc.
(Immunities and Privileges) Act 1948 [title
6 item 6], or any order made thereunder; or
(e) the United States of America Consular
Establishment (Acquisition of Land) Act 1953 [title 6 item 3]; or
(f) the Consular Relations Act 1971 [title 6 item 1].
(4) Nothing in this Act shall derogate from or
abridge the exer cise of any power con ferred upon the Governor by the British
Nationality
Act 1981 of the United Kingdom.
PART II
AUTHORITIES FOR
EXECUTION OF ACT
Finality of
decisions by Governor and Cabinet
10 (1)
Save where otherwise expressly provided and without prej udice to any Parlia mentary
procedure under the Statutory Instruments
Act 1977 [title 1 item 3] applicable to the making of any statutory instru ment
under this Act, any determination, decision, direction or or der come to,
given
or made in the exercise of any power conferred or the dis charge of any duty
imposed by or under this Act upon—
(a) the Cabinet;
(b) the Governor, acting in accordance with the
advice of
the Cabinet; or
(c) the Governor, acting in his discretion in the
discharge of his special responsibilities under the Constitution,
shall be final and
conclusive and not subject to question or review by any court or tri bunal
whatsoever.
(2) It shall not be incumbent upon the Governor
nor, upon any member of the Cabinet nor upon any public officer to give reasons
to any
person or authority whatsoever for any such determination, decision, di rection
or order as is mentioned in subsection (1).
Establishment
of Department of Immigration
11 (1) There
shall be established a Department of Government which shall be charged with the
duty of assisting the Minister in the dis
charge of his responsibilities under
this Act or any other enactment and which shall be known as the Department of Immigration.
(2) The Department shall, subject to the general
direction and control of the Minister, be under the supervision of a public
officer
who shall be known as the Chief Immigration Officer, and shall consist
of such other public officers as may from time to time be
authorized by the
Governor.
[section 11 amended by 1998 : 20 effective 18 June 1998]
Board of
Immigration
12 (1) The
Governor shall by notice in the Gazette appoint annu ally a Board to be called
the Board of Immigration which shall consist
of such number of persons, being
not less than five nor more than thirteen as the Governor may from time to time
decide.
(2) Any person appointed to be a member of the
Board shall hold office during the Gov ernor's pleasure and, unless his
appointment is
earlier terminated it shall be deemed to termi nate one year
from the date upon which such appointment took effect.
(3) There shall be a Chairman and Deputy
Chairman of the Board each of whom shall be appointed by the Governor from
among the members
of the Board and each of whom shall hold office (as such) dur ing
the Governor's pleasure:
Provided that the Board
shall be deemed to be duly constituted notwithstanding that there is a vacancy
in the office of Chairman
or Deputy Chairman or of any member.
(4) At any meeting of the Board the Minister may
preside over the meeting if, acting in his discretion, he decides so to do but
unless
the Minister so decides the meeting shall be presided over by—
(a) the Chairman; or
(b) in the absence of the Chairman, the Deputy
Chairman; or
(c) in the absence of both the Chairman and the
Deputy Chairman, such member of the Board as the members present elect to act
as chairman
at that meeting.
(5) Every question or matter to be determined by
the Board at any meeting shall be decided by a majority of the votes of the
members
pre sent and voting on the question or matter:
Provided that in the
event of an equal division of votes the per son presiding at the meet ing may,
if he thinks fit, give a second
or cast ing vote.
(6) Fees shall be paid to members of the Board
in accordance with the Government Authorities (Fees) Act 1971 [title 14 item 6].
(7) In the exercise of the powers conferred upon
him by this section the Governor shall act on the advice of the Minister.
Minister may
consult with or delegate functions to Board of Immi gration
13 In the exercise of his powers and
duties in relation to immigra tion affairs and related matters, the Minister
may—
(a) consult with, or take the advice of, the Board
from time to time as he shall think fit but notwithstanding that the Minister
has
consulted, or taken the advice of, the Board on any matter he may act in
his discretion on such matter; and
(b) delegate to the Board such functions or class
of func tions within his responsibilities as he may by notice in the Gazette
specify,
and, in exercising any such functions delegated
under paragraph (b) the Board shall act in accordance with any general or
special
directions is sued by the Minister and shall for all pur poses be
deemed to be the Minister, but, notwithstanding the foregoing,
the Minister
shall remain responsible for the manner in which the Board exercises any such
func tion.
Powers and
immunities of immigration officers
14 An immigration officer shall, while
discharging any duty, or while exercising any power, imposed or conferred on an
immigration
officer by or under any Act, or by or under any Act of the
Parliament of the United Kingdom, be deemed to have the powers and immunities
con ferred upon police officers by any statutory provision to the extent that
such powers or immunities are required in his case
for the effective discharge
of such duties or, as the case may be, the exercise of such powers.
Duty of police
and customs officers in connection with administra tion of Act
15 It shall be the duty of every police
officer and customs officer to aid and assist gen erally in carrying out this
Act; and if any
contravention of this Act, or any statutory instrument in force
thereunder, or any or ders or directions given thereunder, becomes
known to any
police offi cer, or customs officer, then it shall be the duty of such officer
forthwith to report the contraven tion
to an immigration officer.
PART III
ACQUISITION AND
ENJOYMENT OF BERMUDIAN STATUS
General
provisions regarding acquisition and enjoyment of Bermu dian status; sta tus of
wives, widows and children
16 (1) A
person shall possess Bermudian status for the purposes of this Act if except
for a person referred to in subsection (3) of section
17 or a person referred
to in subsection (2) of section 17 to whom subsection (3) of that section
applies he is a Commonwealth
citizen and possesses that status by virtue of
this Part (apart from subsection (2) of this section); and such a person, and a
person described in subsection (2) of this section, shall continue to
possess, or, in the case of a person
described in subsection (2) of this section, shall continue to be deemed to
possess and enjoy, Bermudian
status unless and until he loses that status by
reason of the operation of section 22.
(2) Any person—
(a) who is a Commonwealth citizen; and
(b) is a legitimate or legitimated child, or a
step-child or child adopted in a manner rec ognized by law, of a person who has
Bermudian
status; and
(c) who is under the age of twenty-two years,
shall, for the
purposes of this Act, be deemed to possess and enjoy Bermudian status.
(3) Nothing in subsection (2) shall restrict the
acquisition, pos session or enjoyment of Bermudian status by any such person as
is
re ferred to in subsection (2) by virtue of any other provisions of this
Part.
[Section 16
amended by 1993:51 effective 23 July 1993, by 1994:23 effective 13 July 1994,
and by 1997:33 effective 1 May 1998]
Acquisition of
Bermudian status by persons domiciled for purposes of Immigration Act 1937
17 (1) Any
person who was, on 30 June 1956, deemed to be domiciled for the purposes of the
Immigration Act 1937 (read, as may in the circumstances
be applicable, with the
Immigration Act 1937 Amendment Act 1938, and with the Immigration (Special
Provisions) Act 1945 , shall,
as from 1 July 1956, possess Bermudian status.
(2) Any person who would, on 30 June 1956, have
been deemed domiciled for the purposes of the Immigration Act 1937 but for
section 5(2)
thereof shall, if at least one of his parents was at the date of
his birth domiciled in Bermuda (as "domiciled" is construed
in
subsections (5) and (6) of section 18 of this Act), as from 1 July 1956 possess
Bermudian status.
(3) For the purposes of determining whether a
person was deemed to be domiciled for the purposes of the Immigration Act 1937
on 30 June
1956 under subsections (1) and (2), a person who was not a British
subject on that date shall be deemed to have been a British subject
on that
date if that person's mother,
(a) had she been that person's father, would have
passed to that person on the date of the person's birth, British nationality
under
the United Kingdom Acts; or
(b) before that person's birth, became a British
subject by registering in Bermuda as British under the United Kingdom Acts
because
she was married to a British subject.
(4) A person who was a British subject on 30
June 1956 shall be deemed to be domiciled for the purposes of the Immigration
Act 1937
on that date under subsection (1) if that person was the spouse of a
person to whom paragraph (a), (b) or (c) of section 5 of the
Immigration Act,
1937 applied on that date, not living apart from that latter person under a
decree of a competent court or a deed
of separation.
(5) In this section "the United Kingdom Acts" means the British Nationality and Status of Aliens Act 1914, and the British Nationality Act 1948 of the United Kingdom.
[Section 17
amended by 1997 : 33 effective 1 May 1998]
Acquisition of
Bermudian status by birth
18 (1) Where
a person is, after 30 June 1956, born in Bermuda, he shall possess Bermudian
status if he is a Commonwealth citizen at the
time of his birth and both the
following conditions are fulfilled—
(a) at least one of his parents must, at the time
of his birth, possess Bermudian status; and
(b) both his parents must, at the time of his
birth, be domi ciled in Bermuda.
(2) Where a person is, after 30 June 1956, born
outside Bermuda, he shall possess Bermudian status if all of the following con ditions
are fulfilled—
(a) he must be a Commonwealth citizen at the time
of his birth; and
(b) at least one of his parents must, at the time
of his birth, possess Bermudian status; and
(c) both his parents must, at the time of his
birth, be domi ciled in Bermuda.
(3) Notwithstanding anything in subsections (1)
and (2), those subsections shall, in relation to an illegitimate child have
effect subject
to the following modifications—
[This page
intentionally left blank]
(a) where the child has not been subsequently
legitimated by the operation of the Legitimacy Act 1933 [title 27 item 23], the status, or domicile of the putative father,
or of any person holding himself out as the father of the child, shall not be
taken into account, and the status or domi cile of the mother shall alone be
regarded; or
(b) where the child is subsequently legitimated by
reason of the operation of the Legiti macy Act 1923 [title 27 item 23], and has not already acquired Bermudian status by
virtue of subsections (1) or (2) or paragraph (a), the date of the subsequent
legitimation shall, for the purposes of subsections (1) or (2) or paragraph
(a), be treated as if it were the date of the birth
of the child, and the
status and domicile of the father of the child may then be taken into account
in determining whether or not
the child has acquired or, as the case may be,
may acquire, Bermu dian status.
(4) Any reference in subsection (1) (2) or (3)
to the nationality, status or domicile of the father of a person at the time of
that
person's birth shall, in relation to a person born after the death of his
father, be construed as a reference to the nationality,
status or domicile of
the fa ther at the time of the father's death.
(5) Where used in this section
"domiciled" has the meaning or dinarily applied to that word at
common law; and "domicile"
shall be construed accordingly.
(6) Where—
(a) a person relies upon his mother's domicile at a
particular time for the purpose of deducing any rights of his under this
section
or section 18A at that time; and
(b) she was married at that time and the domicile
of her spouse was other than Bermudian at that time,
her domicile at
that time, instead of being the same as that of her spouse by virtue only of
the marriage, shall be ascertained
by reference to the same factors as in the
case of any other individual capable of having an independent domicile.
[Section 18
amended by 1993:51 effective 23 July 1993]
Bermudian
status by virtue of birth in certain other cases
18A (1) Without
prejudice to section 18, a person shall also possess Bermudian status if, being
a Commonwealth citizen at the time of his
birth—
(a) he is born in Bermuda on or after the
commencement of the Bermuda Immigration and Protection Amendment Act 1993 and
one of his parents
possesses Bermudian status at the time of his birth; or
(b) he is born outside Bermuda on or after the
commencement of that Act, and one of his parents is domiciled in Bermuda at the
time
of his birth and that parent also possesses Bermudian status at that time;
or
(c) he was born in Bermuda after 30 June 1956 and
before the commencement of that Act and one of his parents possessed Bermudian
status
at the time of his birth; or
(d) he was born outside Bermuda after 30 June 1956
and before the commencement of that Act, and one of his parents was domiciled
in
Bermuda at the time of his birth and that parent possessed Bermudian status
at that time.
(2) A person to whom paragraph (a) or (b) of
subsection (1) of this section applies attains Bermudian status at the time of
his birth.
(3) A person to whom paragraph (c) or (d) of
subsection (1) of this section applies shall be deemed to have attained
Bermudian status
at the time of his birth.
[Section 18A
inserted by 1993:51 effective 13 July 1993]
Right of
persons with Bermudian connection to Bermudian status
19 (1) A
person may apply to the Minister under this section for the grant of Bermudian
status if—
(a) he is a Commonwealth citizen of not less than
eighteen years of age; and
(b) he has been ordinarily resident in Bermuda for
the period of ten years immediately preceding his application; and
(c) he has a qualifying Bermudian connection.
(2) The
First Schedule A shall have effect for the purpose of determining whether a
person has a qualifying Bermudian connection under
paragraph (c) of subsection
(1).
(3) In
relation to subsection (1)—
(a) where any question arises as to a person's
ordinary residence in Bermuda, that question shall be decided by the Minister;
(b) where an applicant under this section has been
ordinarily resident in Bermuda, and has then been absent from Bermuda for any
period
for the purpose of his education outside Bermuda, the Minister may count
that period of absence as a period of ordinary residence
in Bermuda if the
Minister is satisfied that, but for that period of absence, the applicant would
have in fact continued to be
ordinarily resident in Bermuda;
(c) nothing in paragraph (a) or (b) shall have
effect so as to preclude any applicant from appealing to the Cabinet under
subsection
(8) on the ground that the Minister came to a wrong decision on the
question whether during any material period he was or was not
ordinarily
resident in Bermuda.
(4) The
Minister shall not approve an application under this section if—
(a) the applicant has during the period mentioned
in paragraph (b) of subsection (1) been convicted, whether in Bermuda or
elsewhere,
of an offence which, in the Minister's opinion, shows moral
turpitude on the applicant's part; or
(b) the applicant's character or conduct otherwise
in the Minister's opinion disqualifies the applicant for the grant of Bermudian
status,
but otherwise the
Minister shall approve the application if the requirements of this section have
been satisfied.
(5) The
Minister may require an applicant under this section to attend before him in
support of his application, but, unless so required,
such an applicant is not
entitled to appear before the Minister.
(6) Where
the Minister approves an application under this section, he shall forward to
the applicant a certificate of Bermudian status
which specifies the effective
date of the grant of that status and is otherwise in a form approved by the
Minister.
(7) Where
the Minister rejects an application under this section, he shall inform the
applicant of the rejection and of his right to
appeal to the Cabinet under
subsection (8).
(8) A
person who is aggrieved by the Minister's rejection of his application under
this section may, subject to section 124, appeal
to the Cabinet against the
rejection.
(9) Where
a person's application under this section has been rejected, another such
application by him need not be considered within
12 months of the date of the
rejection.
[Section 19
substituted by 1994:23 effective 13 July 1994]
Right of
spouses to Bermudian status
19A (1) A
person may apply to the Minister under this section for the grant to him of
Bermudian status.
(2) This section applies to any person who
is a Commonwealth citizen and in relation to whom the following requirements
are fulfilled—
(a) for the period of ten years immediately
preceding the application the applicant has been married to a spouse who
throughout that
period possessed Bermudian status;
(b) for a period of seven years preceding the
application the applicant has been ordinarily resident in Bermuda;
(c) there is enclosed with the application a letter
from the applicant's spouse supporting the application.
(3) In
construing subsection (2)(b), the following rules shall apply—
(a) the applicant must have been ordinarily
resident in Bermuda for the period of two years immediately preceding the
application;
(b) the applicant must have been married to the
same spouse for the whole of the seven years in question;
(c) in calculating those seven years, no residence
in Bermuda other than ordinary residence for a continuous period of twelve
months
or more (being a period during which the applicant was married to the
spouse referred to in paragraph (b)), shall be taken into
account.
(4) The
Minister shall not approve an application under this section if—
(a) in the Minister's opinion the applicant has
been estranged from the applicant's spouse within the period of two years
immediately
preceding the application; or
(b) the applicant has between the earliest date of
the period mentioned in subsection (2)(b) and the date of the application been
convicted,
whether in Bermuda or elsewhere, of an offence which, in the
Minister's opinion, shows moral turpitude on the applicant's part;
or
(c) the applicant's character or previous conduct
otherwise in the Minister's opinion disqualifies the applicant for the grant of
Bermudian
status,
but otherwise the
Minister shall approve the application.
(5) An
application may be made under this section by a person who was married to a
spouse possessing Bermudian status (a "Bermudian
spouse") but whose
Bermudian spouse died before the application was made, but in relation to such
a person this section shall
apply without modification up to the time of the
death of the Bermudian spouse and, as respects the time after the death of that
spouse, shall apply with the following modifications—
(a) subsection (2)(a) shall be deleted and it shall
be provided instead that the application must be made not earlier than ten
years
after the marriage to the Bermudian spouse was celebrated or after the
Bermudian spouse acquired Bermudian status, whichever of
those events occurred
later;
(b) subsections (2)(c) and (3)(b) shall be deleted;
(c) subsection (3)(c) shall be amended by deleting
the brackets and the words within them and substituting "(being a period
occurring
after the marriage to the Bermudian spouse was celebrated or after
the Bermudian spouse acquired Bermudian status, whichever of
those events
occurred later)";
(d) subsection (4)(a) shall be deleted and it shall
be provided instead that the applicant must not, in the opinion of the
Minister,
have been estranged from the applicant's Bermudian spouse at or
within the period of six months immediately preceding the death
of the
Bermudian spouse.
(6) Subsections
(3) and (5) to (9) of section 19 shall have effect mutatis mutandis
in relation to applications under this section as those subsections have effect
in relation to applications under section 19.
[Section 19A
substituted by 1994:23 effective 13 July 1994]
Right of
persons within s 16(2) to Bermudian status
20 (1) A
person who establishes to the satisfaction of the Minister that—
(a) he has reached the age of 18 years but is under
the age of 22 years; and
(b) he has been ordinarily resident in Bermuda for
the period of five years immediately preceding his application; and
(c) he has for the five years immediately preceding
his application been deemed to possess and enjoy Bermudian status by virtue of
section
16(2),
shall, on applying
to the Minister, be entitled to have Bermudian status granted to him.
(2) Subsections
(3) and (5) to (8) of section 19 shall have effect mutatis mutandis
in relation to applications under this section as those subsections have effect
in relation to applications under section 19.
[Section 20
substituted by 1994:23 effective 13 July 1994]
Right of
certain long-term residents to Bermudian status
20A (1) A
person may apply to the Minister under this section for the grant of Bermudian
status if—
(a) he was born in Bermuda or first arrived in
Bermuda before his sixth birthday; and
(b) he is a Commonwealth citizen of not less than
eighteen years of age; and
(c) he was ordinarily resident in Bermuda on 31
July 1989 and on the day of commencement of the Bermuda Immigration and
Protection Amendment
Act 1994; and
(d) he has been ordinarily resident in Bermuda for
the period of ten years immediately preceding his application; and
(e) he makes his application on or before 31 July
2008.
(2) Subsections
(3) to (9) of section 19 shall have effect mutatis mutandis in
relation to applications under this section as those subsections have effect in
relation to applications under section 19.
[Section 20A substituted by 1994:23 effective 13 July 1994]
Right to
Bermudian status in certain other cases
20B (1) A
person may apply to the Minister under this section for the grant to him of
Bermudian status.
(2) This
section applies to a person who is a Commonwealth citizen not possessing
Bermudian status, was ordinarily resident in Bermuda
on 31st July 1989 and
either—
(a) (i) is
a person at least one of whose parents possessed Bermudian status at the time
of his birth; and
(ii) was born in
Bermuda or first arrived in Bermuda before his sixth birthday; or
(b) is a British Dependent Territories citizen by
virtue of the grant to him by the Governor of a certificate of naturalisation
under
the British Nationality and Status of Aliens Act 1914 (U.K.) or the
British Nationality Act 1948 (U.K.) or the British Nationality
Act 1981 (U.K.),
having been approved for the grant of Bermudian status; or
(c) being a woman, is a British Dependent
Territories citizen by virtue of the grant to her by the Governor of
registration under section
6(2) of the British Nationality Act 1948 (U.K.) with
the result that she thereby acquired rights under section 4(2) of the Bermuda
Immigration and Protection Amendment Act 1980,
and in relation to
whom in addition the requirements of subsection (3) are fulfilled.
(3) The
requirements referred to in subsection (2), in relation to an applicant for the
grant of Bermudian status under this section,
are as follows—
(a) the applicant must have reached the age of
eighteen years before the application was made;
(b) the applicant must have been ordinarily
resident in Bermuda for the period of ten years immediately preceding the
application.
(4) Subsections
(3) to (9) of section 19 shall have effect mutatis mutandis in
relation to applications under this section as those subsections have effect in
relation to applications under section 19.
[Section 20B
inserted by 1994:23 effective 13 July 1994]
Certificate of
Bermudian status
21 (1) Where
the Minister is satisfied that any person possesses and enjoys Bermudian status
by virtue of this Part, he may grant to that
person a certificate that he
possesses and enjoys Bermudian status under the section in question, specifying
the section:
Provided that, if at
any time it appears to the Minister that a per son to whom a certificate has
been granted under this section
does not in fact possess or enjoy Bermudian
status under this Part or has ceased to possess or enjoy such status by virtue
of section
22, the Minis ter may, by notice in writing served on that person,
require him to sur render that certificate forthwith and thereupon
that
certificate shall be deemed to be withdrawn.
(2) A certificate granted under this section
shall, until the con trary is proved, be evidence for all purposes that the
holder of the
certifi cate possesses and enjoys Bermudian status and shall be
judicially and officially noticed.
(3) Notwithstanding subsections (1) and (2), a
refusal by the Minister to grant a certifi cate under this section, or the
withdrawal
of such a certificate, shall not be conclusive evidence that the
person ap-plying for the certificate or whose certificate has been
withdrawn
does not pos sess or enjoy Bermudian status.
(4) Any person who fails within a reasonable
time to surrender to the Minister a certifi cate granted under this section
upon being
re quired to do so by notice in writing commits an of fence against
this Act.
[Section 21
amended by 1993:51 effective 23 July 1993 and by 1994:23 effective 13 July
1994]
Loss of
Bermudian status
22 (1) A
person who possesses Bermudian status shall cease to possess or en joy that
status in any of the following circumstances—
(a) where he ceases to be a Commonwealth citizen;
(b) [deleted]
(c) [deleted]
(d) where, being deemed to possess and enjoy
Bermudian status as mentioned in sec tion 16(2) by virtue only of being the
child or stepchild
or adopted child of a person who pos sesses Bermudian
status—
(i) his parent or step-parent or adopted
parent himself ceases to possess Bermudian status; or
(ii) he reaches the age of twenty-two years;
or
(iii) he is adopted in such circumstances that
he has no parent who possesses Bermudian status.
(2) Except in the circumstances mentioned in
subsection (1)(a), a person shall not cease to possess Bermudian status only by
reason
of the operation of any of the remaining paragraphs of subsection (1) if
he possesses, by virtue of any circumstances other than
the circumstances
mentioned in subsection (1)(a), Bermudian status; and in any such case such
person shall continue to possess
and enjoy Bermudian status accordingly.
(3) Without prejudice to anything in the
foregoing provisions of this section, the Minis ter may by order deprive any
person who has
been granted Bermudian status under section 19 or 19A or 20A or
20B(2) of his Bermu dian status if the Minister is satisfied that
the grant of
Bermudian status was obtained by means of fraud, false representation or the
concealment of any material fact.
(3A) With respect to any such order under
subsection (3)—
(a) the Minister shall by notice inform the person
affected of the order and of his right of appeal to the Cabinet as hereinafter
provided;
and
(b) if the person affected is aggrieved by the
order he may, subject to section 124, appeal to the Cabinet against the order.
(4) Any person who, having possessed Bermudian
status ceases by virtue of any of the foregoing provisions of this section to
pos sess,
or to be deemed to possess, Bermudian status, shall for the pur poses
of this Act be treated as if he had never acquired, possessed
or enjoyed
Bermudian status; and this Act shall,
depending upon whether he is a Commonwealth citizen or an alien, thenceforward
apply and have effect accordingly.
(5) Nothing in the foregoing provisions of this
section shall have effect so as to preclude a person who has, by virtue of such
provisions,
ceased to possess Bermudian status from apply ing to the Minister
for the grant of Bermudian status under section 19 or 19A or 20A
or 20B(2).
[Section 22 amended
by 1994:23 effective 13 July 1994]
[This page
intentionally left blank]
PART IV
CONTROL OF ENTRY
AND RESIDENCE IN BERMUDA
Interpretation
of Part IV
23 In this Part, unless the context
otherwise requires‑
"airport",
in relation to the arrival of an aircraft in Bermuda, means the Bermuda airport
within the meaning of the Civil
Airports Act 1949 [title 23 item 1], or, where the aircraft ar rives at, and its
passengers are disembarked within, one of the Bases within the meaning of the
United
States Bases (Agreement) Act 1952 [title
7 item 41], then that Base;
"exceptionable
person" has the meaning given to it by section 31(7);
"Government
ship" means any of Her Majesty's ships or vessels, and includes ships un der
commission from any foreign gov
ernment recognized by Her Majesty;
"local
representative", in relation to a ship or aircraft, means—
(i) the owner of the ship or aircraft if the
owner is in Bermuda; or
(ii) the corporate body owning or operating
(whether under charter or otherwise) the ship or aircraft for the time being,
where such
corporate body main tains an office in Bermuda; or
(iii) the agent in Bermuda for the person or
corporate body for the time being owning or operating the ship or aircraft;
"service
aircraft" means any aircraft for the time being operated by any of Her
Majesty's Forces or of any of the armed
forces of any foreign government
recognized by Her Majesty;
"stop list"
has the meaning given to it by section 31(5).
Construction of
expressions relating to landing, etc
24 For the purposes of this Part a person
who arrives in Bermuda by any ship or air craft shall not be deemed to land or
to reside
or remain in Bermuda—
(a) if, as respects an arrival by ship, he does not
leave that ship or, without going ashore, he transfers himself to another ship
with
the intention of departing from Bermuda by such latter ship, and does not
leave that latter ship; or
(b) if, as respects an arrival by aircraft, he does
not leave the airport within which the passengers from that air craft are disembarked:
Provided that a
person who is not, bona fide, a
passenger in transit in a ship shall be deemed to remain and reside in Bermuda
if he resides in any vessel (including a yacht
or house boat) within the
territorial waters of Bermuda.
Declaration of
general principle regarding restriction on entry of persons into Bermuda, and
subsequent residence, etc., therein
25 (1) Without
prejudice to any of the succeeding provisions of this Part, or to any pro vision
of any other Part, it is hereby declared
that it is unlawful for any person
other than a per son—
(a) who possesses Bermudian status; or
(b) who is for the time being a special category
person; or
(c) who is, bona
fide, a visitor to Bermuda,
to land in, or
having landed, to remain or reside in, Bermuda, without in each case spe cific
permission (with or without the imposition
of condi tions or limitations) being
given by or on behalf of the Minister; and, as respects any special category
person or a bona fide visitor, such
landing, remaining or residence shall be unlawful unless he conforms to any re quirements
im posed by this Part:
Provided that the
Minister, in his discretion, may dispense with the requirements im posed by the
foregoing provisions of this subsection.
(2) Any person who is aggrieved by any decision
of the Minister with respect to a refusal to grant any permission under
subsection (1)
or with respect to any condition or limitation im posed under
subsection (1) may, subject to section 124, appeal to the Cabinet
against such
deci sion.
(3) Section 27 and section 30 have effect
respectively with re spect to the special status, as respects entitlement to
land in Bermuda,
or to remain or reside therein, of wives and depen dent
children of per-
sons
who possess Bermudian status, and of wives and dependent chil dren of special
category persons.
Power of
Minister to declare landing of various classes of persons to be prohibited
26 (1) Notwithstanding
anything in sections 23, 24 or 25, the Min ister, by order published in the
Gazette, may prohibit the landing in
Bermuda of persons of any particular na tionality,
category, or persons from any particular place, during such period as may be
specified in the order; so, however, that nothing in any such order shall have
effect so as to prohibit the landing of any person
who possesses Bermudian sta tus
or who is the wife or dependent child of a person who possesses Bermudian
status and in respect
of whom the conditions mentioned in section 27 are duly
fulfilled.
(2) Subject to subsection (3) the affirmative
resolution proce dure shall apply to an order made under subsection (1).
(3) When an order made under subsection (1) is
certified by the Governor to be urgently required in the public interest, that
order
shall have effect from the date of publication in the Gazette without
approval by both Houses of the Legislature:
Provided that any order
so certified by the Governor shall (without prejudice to things done or
suffered thereunder or to the mak
ing of any further order) cease to have
effect at the end of thirty days from the date of the coming into operation
unless in the
meantime the order has been laid before both Houses of the
Legislature and a resolu tion approving the order has been passed by
each House
of the Legisla ture and has been communicated to the Governor by mes sage.
(4) No person to whom an Order made under this
section re lates shall land or remain or reside in Bermuda without the specific
per mission
in each case of the Minister; and any such permission may be made
subject to such conditions or restrictions as to the Minister
appear de sirable
in the public interest; and any person permitted to land or re main or reside
under this section shall duly comply
therewith.
Special
provisions relating to landing, etc., of alien wives, etc., of persons who pos sess
Bermudian status
27 Notwithstanding anything in section 25,
and without prejudice to anything in sec tion 60 (which section imposes
restrictions on
the en gagement of such persons in gainful occu pation) the
wife and dependent children under twenty-one years of age of a person
who
possesses Bermudian status shall be allowed to land and to remain or reside in
Bermuda in connection with the residence therein
of the person who possesses
Bermudian status as if such wife or child were deemed to pos sess Bermudian
status if all the following
conditions are fulfilled—
(a) the wife or dependent children must not land,
or remain or reside in Bermuda, while the husband or father, as the case may
be, is
not ordinarily resident, or is not domiciled, in Bermuda;
(b) the wife must not commence to live apart from
her hus band under a decree of a competent court or under a deed of separation;
and
(c) the wife and dependent children must not, while
residing in Bermuda, contravene any provision of Part V (which Part relates to
engagement
in gainful occupation),
but if any of such
conditions are not fulfilled, then the landing of such wife and depen dent
children, or their residence in Bermuda,
shall be deemed to become unlawful
except with the specific permission of the Minister.
Special
provisions relating to landing etc of husbands of Bermudians
27A (1) Notwithstanding
anything in section 25 and without preju dice to anything in section 60, but
subject to subsection (4), the husband
of a wife who possesses Bermudian status
(a "special status husband") shall be allowed to land and to remain
or reside
in Bermuda as if he were deemed to possess Bermudian status, if the
conditions specified in sub section (2) are ful filled in relation
to him.
(2) The conditions to be fulfilled in relation
to a special status husband are as follows —
(a) his wife must be ordinarily resident, or be
domiciled, in Bermuda;
(b) he must not contravene any provision of Part V;
(c) he must not have a relevant conviction recorded
against him;
(d) the
Minister must be satisfied that the special status husband is a person of good
character and previous good conduct;
(e) the Minister must be satisfied that the special
status husband and his wife are not estranged.
(3) In relation to a special status husband
"relevant conviction" in subsection (2)(c) means a conviction,
whether in Bermuda
or else where, of an offence which, in the Minister's
opinion, shows moral turpitude on the special status husband's part.
(4) If a condition specified in subsection (2)
is not fulfilled in relation to a special status husband, his landing or
remaining or
residing in Bermuda shall be deemed to be, or, as the case may
require, to be come, unlawful except with the specific permission
of the
Minister.
Requirements
imposed in respect of bona fide
visitors
28 (1) Notwithstanding
anything in section 25, it shall be unlawful for a person, notwithstanding that
he is, bona fide, a visitor to
Bermuda, to land or to remain or reside in Bermuda without specific permission granted
by or on behalf of the Minister,
unless all the fol lowing condi tions are
fulfilled—
(a) he must not be, at the time of his landing, an
exception able person within the meaning of section 31;
(b) he must, both at the time of his landing and
throughout the period during which he remains or resides in Bermuda, be in
possession
of a passenger ticket valid for his departure by ship or aircraft
from Bermuda at some time during his unrestricted period of residence;
and the
journey for which such ticket is valid must be to a country into which the
visitor has, at the ma terial time, a right
of entry;
(c) he must not remain or reside in Bermuda after
the expi ration of his unrestricted pe riod of residence; and
(d) he must, throughout his unrestricted period of
resi dence, continue to be, bona fide,
a visitor to Bermuda.
(2) In this section "unrestricted period of
residence", in relation to a visitor to Bermuda, means the period of 6
months
beginning on the date on which the visitor lands in Bermuda, or such
lesser period as the Minister may specify by notice in writing
served on that
visitor under subsection (3).
(3) The Minister may, by notice served on a
visitor to Bermuda, reduce the unrestricted period of residence of that visitor
to the period
specified in the notice, or may order that the pe riod shall
terminate forthwith or on a day specified in the notice, and, for all
purposes,
the unre stricted period of residence of that visitor shall be reduced and ter minate
accordingly, irrespective of the
date of arrival in Bermuda of that visitor.
Requirements
imposed in respect of special category persons
29 Notwithstanding anything in section 25,
it shall be unlawful for a person, notwith standing that he is a special
category person,
to land or to remain or to reside in Bermuda with out specific
permission granted by or on behalf of the Minister unless both the
following
condi tions are ful filled—
(a) he must not be, at the time of his landing, an
exception able person within the mean ing of section 31;
(b) he must, throughout his period of residence in
Bermuda, remain a special category person.
Special
provisions with respect to wives and dependent children of special category
persons
30 (1) Notwithstanding
anything in sections 23 to 29, the wife and dependent children under twenty-one
years of age of a special category
person shall be allowed to land and to
remain or reside in Bermuda without the specific permission of the Minister, if
all the
following condi tions are fulfilled—
(a) the wife or dependent child must not be, at the
time of landing, an exceptionable per son within the meaning of section 31;
(b) the wife or dependent children must not remain
or re side in Bermuda after the resi dence in Bermuda of the special category
person
ceases as such;
(c) the wife must not commence to live apart from
her hus band under a decree of a competent court or under a deed of separation;
and
(d) the wife and dependent children must not, while
residing in Bermuda, contravene any provision of Part V (which Part relates to
engagement
in gainful occupation),
but if any of such
conditions is not fulfilled, then the landing of such wife and dependent
children, or, as the case may be their
residence in Bermuda, shall be deemed to
become unlawful except with the specific
permission of the
Minister.
(2) Notwithstanding anything in subsection (1),
the Minister may make it a condition of the landing in Bermuda of any such wife
or dependent
child, and of remaining and residing therein, that a sum of money
be deposited with the Chief Immigration Officer as mentioned in
section 33(e)
in respect of such wife or dependent child.
Provisions
relating to exceptionable persons
31 (1) Notwithstanding
anything in sections 23 to 30, but subject as in this section provided, where
it appears to an immigration officer
that a person arriving in Bermuda is an ex ceptionable
person within the meaning of this section the immigration officer shall so
inform that per son, and shall not allow him to land in Bermuda except in
accordance with such general or special directions as
the Governor may give, or
may have given, in that behalf; and for that pur pose the immigration officer
may impose such requirements
as are reasonably required to carry any such
direction into effect.
(2) Any person arriving in Bermuda who
contravenes any re quirement lawfully given under subsection (1) commits an
offence against this
Act.
(3) Without prejudice to anything in Part VII
(which Part relates to deportation) no per son who has been deported from
Bermuda and
in respect of whom a deportation order is in force shall land from
any ship or aircraft arriving in Bermuda, unless such landing
is authorized by
the Governor.
(4) Notwithstanding anything in subsections (1),
(2) or (3), where an exceptionable per son is a special category person in
Govern ment
employment he shall not be refused permission to land in Bermuda,
or to reside or remain therein, unless the Governor has given,
or gives, any
general or special directions in that behalf; so, however, that any such
exceptionable person may be refused permission
to land for so long as it may
require to obtain a direction from the Gover nor in his case.
(5) The Governor may take into consideration the
case of any person who, not being a person who possesses Bermudian status, is
for the
time being outside Bermuda; and
where it appears to the Governor—
(a) that any such person is a person who has, while
in Bermuda, conducted himself in a manner which is un desirable; or
(b) that any such person is a person whose landing
in Bermuda appears undesirable in view of information or advice received from
any
official or other trusted source,
the Governor may
cause that person's name to be entered on a list (in this Act referred to as
"the stop list") to be maintained
by the Governor.
(6) An exceptionable person whose name is for
the time being entered in the stop list shall not be permitted to land in
Bermuda unless
such landing is authorized by the Governor.
(7) For the purposes of this section a person
arriving in Bermuda shall be deemed to be an exceptionable person if he does
not possess
Bermudian status and if—
(a) he is a person suffering from mental disorder
within the meaning of the Mental Health Act 1968 [title 11 item 36]; or
(b) he is suffering from a communicable disease
within the meaning of the Public Health Act 1949 [title 11 item 1]; or
(c) he is a destitute person; or
(d) he has previously been removed or repatriated
from Bermuda and has not reim bursed the Government with the amount, if any,
utilized
from public funds to effect, or assist in effecting such removal or
repatriation; or
(e) if he is a person who is reasonably believed to
have come to Bermuda for any im moral purpose, or who, being a woman or girl,
is
reasonably believed to be a prostitute or to have come to Bermuda for the
purpose of prostitu tion; or
(f) if he has, since attaining the age of 14
years, been con victed in any place of an of fence of a nature punishable in
Bermuda with
imprisonment for a term of two years or more; or
(g) if he is a person whose name is for the time
being en tered in the stop list maintained under subsection (5); or
(h) if he
is a person whose landing would by reason of any provision of this Act be un lawful;
or
(i) if he is a person who has at any time during
the previous 12 months, after being a bona
fide visitor to Bermuda, remained or resided in Bermuda after the
expiration of his unre stricted period of residence as determined in
ac cordance
with section 28, and the Minister has notified the Chief Immigration Officer
that such person shall be deemed to be
an exceptionable person.
(8) For the purposes of this section any
reference to a person who possesses Bermudian status shall be construed as if
such reference
included a reference to the wife and dependent children under
the age of twenty-one years of a person who possesses Bermudian status,
being a
wife or children in respect of whom the conditions referred to in section 27
are fulfilled.
(9) Notwithstanding any provision to the
contrary, where the Governor is of the opinion that the exercise of any power
or the discharge
of any duty conferred or imposed by or under this section
relates to matters for which he is responsible under section 65 of the
Constitution (which includes, amongst others, matters of external affairs and internal
security) [title 2 item 1] the
Governor may exercise such power or dis charge such duty acting in his
discretion.
[Governor's
functions delegated to the Minister by BR 42/1981 effective 24 July 1981]
Power to impose
conditions in connection with permission to land, etc
32 (1) Any
permission granted by the Governor, the Minister or by an immigration offi cer,
in exercise of any powers conferred upon them
by this Part, to any person to
land in Bermuda, or to remain or reside in Bermuda may, without prejudice to
any express provision
of this Act—
(a) be limited in duration to a time specified in
the permis sion; or
(b) be granted subject to compliance with such
conditions or restrictions (if any) as the immigration officer (subject to such
general
or special directions as the Governor or Minister may give in the
matter), the Governor or Minis ter, as the case may be, thinks
fit to impose.
(2) Any conditions or restrictions imposed under
subsection (1) shall be communicated in writing to a person about to land.
(3) Any person who fails to comply with any
condition or re striction imposed under subsection (1) commits an offence
against this Act.
(4) The Governor, or Minister, as the case may
be, may with hold any permission or grant any permission subject to any
duration, condition
or limitation without assigning any reason for that
decision.
(5) Where a person is granted permission to
reside in Bermuda under this section and that permission is unlimited in
duration the Minister
may grant that person a residential certifi cate setting
out that that person has such permission and resides in Bermuda:
Provided that if the
permission of a person holding a residential certificate to reside in Bermuda
is revoked, then that person
shall sur render to the Minister that residential
certificate.
(6) Any person who fails within a reasonable
time to surrender to the Minister a resi dential certificate issued under this
section,
upon his permission to reside in Bermuda being re voked, commits an
offence against this Act.
Safeguards
regarding permission to land, etc
33 (1) Without
prejudice to any other provisions of this Part the Minister may require an
applicant for the grant of permission to land
or remain or reside in Bermuda—
(a) to furnish to the Minister such evidence of
good charac ter in respect of himself and his dependants as the Min ister may
consider
necessary;
(b) to furnish to the Minister medical certificates
with re spect to himself and his dependants certified by medical authorities
acceptable
to the Minister and with such particulars as the Minister may
consider necessary;
(c) to satisfy the Minister that he is able to
maintain himself and his dependants in Bermuda;
(d) to give a bond for such sum and with such
sureties as the Minister may approve for securing the payment of any public
charges that
may be incurred in respect of the applicant or his dependants:
Provided that the Minister shall cancel any such
bond on the applicant subsequently ac quiring Bermu dian status and may cancel
any such bond at any time on being satisfied that the necessity for the bond no
longer
exists;
(e) to deposit with the Chief Immigration Officer
such sum of money as the Minister may consider sufficient to de fray the
expenses
of the transportation of the applicant and of his dependants to a
country outside Bermuda willing to receive him and them;
(f) to furnish to the Minister such particulars
(whether of the same kind as those hereinbefore referred to or not) as the
Minister
may consider material to the considera tion of the application,
and the Minister
may require that the applicant in complying with any of the require ments of
this section shall use forms approved
or supplied by the Minister.
(2) Where the permission to land or remain or
reside in Bermuda is under this Act to be granted by any, person other than the
Minister,
that person shall have the like powers as are conferred on the
Minister by subsection (1).
Revocation of
permission to land, etc
34 (1) Subject
to this section, the Minister may, by an order in writing served upon the
person to whom it relates, revoke any permission
to land, remain or reside
which has been granted to that person in ac cordance with this Part either
forthwith or as from a day
to be speci fied in the order; and thereupon,
notwithstanding any other provision of this Part, that permis sion shall cease
to
have effect forthwith or on the day so specified as the case may be.
(2) Before the Minister makes any order under
subsection (1) against any person, he shall cause a notification in writing to
be served
upon that person that he proposes to make such an order in his case
at the expiration of fourteen days or such longer period as
may be specified in
the notification; and shall inform that person of the grounds upon which the
Minister proposes to make the
order and shall invite him within that period to
submit in writing to the Minister any reason which he wishes to advance why
such
an order should not be made in his case.
(3) The Minister shall not make any order under
subsection (1) until the expiration of the period specified in the respective
notification
served under subsection (2) and the Minister shall, where reasons
are submitted to him in accordance with subsection (2), take those
reasons into
consideration when he decides whether or not the order should be made.
(4) Any person aggrieved by any decision of the
Minister to make an order under sub section (1) against him may, subject to
section
124, appeal to the Cabinet against such decision.
Duty of local
representative of ship or aircraft to give notice of ar rival
35 (1) The
local representative of every ship or aircraft arriving in Bermuda shall give
adequate and timely notification of the arrival
of the ship or aircraft to the
Chief Immigration Offi cer or to any immigration of ficer designated by the
Chief Immigration Officer
in that behalf, and, if required, to furnish such
particulars as he may then have in his posses sion regarding the pas sengers or
crew on board such ship or aircraft.
(2) Any person who fails to comply with any
provision of sub section (1), or with any re quirement duly given thereunder,
commits an
offence against this Act.
Control of
landing from ships
36 (1) It
shall not be lawful for the master of any ship to cause or allow any passenger
or member of the crew or other person on board
the ship to land in Bermuda
before permission generally to land has been given by an immigration officer.
(2) Any person who contravenes any provision of
subsection (1) commits an offence against this Act:
Provided that it shall
be a good defence to a person charged with an offence under this section to
prove that any such landing took
place in emergency, and was, at the earliest
time practicable, notified to an immigration officer.
Inward
passenger and crew manifests
37 (1) The
master of every ship and the commander of every air craft arriving in Bermuda,
and the local representative of any such ship
or aircraft, shall, as soon as
practicable after the arrival of the ship or aircraft, and before any passenger
or member of the
crew has landed in Bermuda, deliver to an immigration officer
lists showing separately—
(a) the names and particulars of the passengers on
board the ship or aircraft;
(b) the
names of the passengers whose journey by that ship or aircraft is to be com pleted
in Bermuda;
(c) the names and particulars of the members of the
crew of the ship or aircraft; and
(d) the names and particulars of any other persons
on board the ship (including per sons rescued at sea and stowaways) or on board
the
aircraft:
Provided that in
special circumstances any per son on board the ship or aircraft may, without
prejudice to any other provision of
this Act, be allowed to land by an
immigration officer before such lists are duly deliv ered.
(2) Any person who fails to comply with subsection
(1) commits an offence against this Act.
Outward
passenger and crew manifests
38 (1) The
local representative of every ship or aircraft departing from Bermuda shall
furnish to the Chief Immigration Officer at the
time of, or immediately after,
the departure of the ship or aircraft, lists show ing separately—
(a) the names and particulars of the passengers on
board the ship or aircraft;
(b) the names and particulars of the members of the
crew of the ship or aircraft; and
(c) the names and particulars of any other persons
on board the ship or aircraft.
(2) Any person who fails to comply with
subsection (1) commits an offence against this Act.
Special
provisions as to Government ships and service aircraft
39 Notwithstanding anything in sections
35, 36, 37 and 38, this sec tion shall have effect in relation to the arrival
and departure
of Govern ment ships or service aircraft in Bermuda—
(a) it shall be the duty of the appropriate naval,
military or air force authority to notify to the Chief Immigration Of ficer the
arrival
of the Government ship or service air craft where the ship or aircraft
is believed to carry any person other than—
(i) a member of the crew; or
(ii) a member of Her Majesty's Forces or of
the armed forces of any government recog nized by Her Majesty for that purpose,
being a person
who is arriving in Bermuda in the course of his duty as such a
member;
(b) it shall be the duty of the captain or other
officer com manding a Government ship or service aircraft arriving in Bermuda,
to furnish
to an immigration officer, if so required, lists showing the names
and particulars of persons on board such ship or aircraft (other
than per sons
mentioned in paragraph (a)(i) or (ii)) before any such person lands in Bermuda;
and
(c) it shall be the duty of the captain or other
officer com manding a Government ship or service aircraft departing from
Bermuda, or
of the appropriate naval, military or air force author ity, to
furnish to an immigration officer, if so required, lists showing
the names and
particulars of persons (other than persons mentioned in paragraph (a)(i) or
(ii)) who are departing from Bermuda
in such ship or aircraft.
Supervision of
landing from ships by immigration officer
40 (1) It
shall be the duty of the Chief Immigration Officer to en sure that every ship
and, where practicable, every Government ship when
carrying passengers, is, on
arrival in Bermuda, visited by an immi gration officer.
(2) No person shall, except in emergency (the
proof of which shall be upon him) land from a ship until an immigration officer
has given
permission generally for persons to land; so, however, that nothing
in this subsection shall be construed as permitting any person
to land whose
landing would be contrary to any provision of this Part.
Supervision of
landing from aircraft by immigration officer
41 (1) It
shall be the duty of the Chief Immigration Officer to en sure that the
passengers disembarking from any aircraft, and, where
practicable, from any
service aircraft when carrying passengers, are, as soon as practicable after
disembarkation and before they
have landed in Bermuda by reason of leaving the
airport or Base at which they have dis embarked, interviewed by an immigration
officer.
(2) No person having been a passenger in an
aircraft, or a member of the crew of an air craft other than a service
aircraft, shall,
ex-
cept in emergency (the proof of which shall be upon him), leave the air port or
Base at which he has disembarked from the aircraft
until an immigra tion
officer has given him permission to do so.
(3) In this section "Base" has the
meaning assigned to it by the United States Bases (Agreement) Act 1952 [title 7 item 41].
Landing cards
42 The Minister may require that persons
arriving in Bermuda shall, as a condition of landing, complete and deliver
landing cards to
an immigration officer.
Duty with
respect to removal of persons illegally landing
43 (1) If
a ship or aircraft from which any person has landed in contravention of any
provision of sections 25 to 42 departs from Bermuda
without such person, then
if that ship or aircraft, or another ship or aircraft owned or operated by the
same person or company
as owned or operated, respectively, the ship or aircraft
in which such per son arrived in Bermuda, returns to or calls at Bermuda
within
the period of two years next succeeding the date of such illegal landing, then
the Minister may by notice require the master
of such latter ship or, as the
case may be, the commander of such latter aircraft, to receive such per son in
that ship or aircraft
upon that ship or aircraft departing from Bermuda, and to
take such person out of Bermuda.
(2) Where a person who, having arrived by any
ship or aircraft in Bermuda, and holding a ticket or other instrument of travel
entitling
him to a journey out of Bermuda, then the Minister may by notice re quire
the master of any ship or the commander of any aircraft
owned or operated by
the same person or company as owned or operated, respec tively, the ship or
aircraft in which such person
arrived in Bermuda, to receive that person in
such ship or aircraft upon that ship or aircraft de parting from Bermuda, and
to
take such person out of Bermuda.
(3) Any person who, being the master of a ship
or the com mander of an aircraft re quired to receive any person on the ship or
air craft
as aforesaid, refuses to receive such person or take him out of
Bermuda commits an offence against this Act.
Special
provisions respecting arrivals by aircraft
44 Without prejudice to any other
provision of this Part, where a person arrives in Bermuda by aircraft the
following provisions shall
have effect—
(a) where a person disembarks from an aircraft,
then notwithstanding that he has not left the airport at which he arrives, if
he is
not permitted to leave the airport by reason of his not being permitted
to land in Bermuda or if he is permitted to leave the airport
subject to the
condi tion that he leaves Bermuda as soon as practica ble, it shall be the duty
of the commander of the aircraft
to receive him on board the same aircraft and
take him away from Bermuda, or, if the aircraft has already left or is delayed,
then
it shall be the duty of the commander of any subse quent aircraft owned or
operated by the same person or company as owned or operated
the air craft by
which such person arrived in Bermuda departing from Bermuda to receive him on
board that aircraft and take him
away from Bermuda; and the commander of any
aircraft who refuses to receive any such person and take him away from Bermuda
as required
by the foregoing provi sions of this paragraph commits an offence
against this Act; and
(b) the local representative of any aircraft from
which such a person has disembarked shall be financially responsi ble for any
public
charges incurred in respect of the maintenance of such person while remaining
in Bermuda or of his subsequent repatriation, removal
or deporta tion from
Bermuda.
Special
provisions relating to stowaways and deserters
45 (1) Without
prejudice to anything in section 37, (which section requires the submis sion of
lists of persons on board ships) the master
of any ship arriving in Bermuda
shall forthwith inform an immigration offi cer of any stowaway or deserter who
may be on board
the ship, and shall take such steps as are reasonably necessary
to prevent the stowaway or deserter from landing illegally in Bermuda.
(2) Without prejudice to anything in subsection
(3), no stow away or deserter shall (unless he possesses Bermudian status) land
in Bermuda
without the specific permission of the Minister:
Provided that the
restriction imposed by subsection (2) shall not have effect so as to pre clude
any such stowaway or deserter being
brought ashore by a police officer for the
purposes of prosecution or for any other purpose in connection with the
administration
of justice.
(3) No stowaway in a foreign ship shall (unless
he possesses
Bermudian status) be landed in Bermuda without the specific permission of the
Governor where such stowaway is landed for the purpose
of being prosecuted for
a criminal offence:
Provided that nothing
in subsection (3) shall have effect so as to restrict the landing of a stowaway
who is landed for the purpose
of any proceedings to be taken against him under
the Extradition Act 1877 [title 8 item 36],
or under the Act of the Parliament of the
United Kingdom entitled the Fugitive Offenders Act 1881. [repealed by the Fugitive Of fenders Act 1967
which is extended to Bermuda by SI 1967/1905 as amended (see title 8 item 38)]
(4) Any person who, without lawful excuse (the
proof of which shall be upon him), in Bermuda harbours, maintains or employs a
per son
who has landed in contravention of any pro vision of this section, and
whom he knows or has reasonable cause to believe to have
so landed, commits an
offence against this Act.
Financial
responsibility for maintenance of persons illegally landed
46 Where a person lands from a ship or
aircraft in contravention of any provision of sections 23 to 45, then, without
prejudice to
any other provision of this Act, the local representa tive of such
ship or aircraft shall be financially responsible for any public
charges
reasonably in curred in respect of such person's maintenance while in Bermuda
and of his subsequent repatri ation, removal
or deportation therefrom.
Transit
passengers
47 Where a passenger in immediate transit
by ship or aircraft from one place outside Bermuda to another place outside
Bermuda is—
(a) as a result of illness or other emergency; or
(b) as a result of delay in any ship or aircraft
leaving Bermuda; or
(c) as a result of accommodation not being available
on any ship or aircraft leaving Bermuda,
allowed to land
and to remain in Bermuda, if public charges are reason ably incurred in respect
of such passenger while remaining
in Bermuda, the local representative of such
ship or aircraft shall be financially re sponsible for meeting such charges.
Power to
require medical examinations
48 (1) Any
immigration officer may require any passenger or member of the crew of any ship
or aircraft (other than a person who pos sesses
Bermudian status) arriving in
Bermuda to be examined, as re spects his physical or mental condition, by the
ship's surgeon (if
any), or by a Government Medical Officer or by any other
registered medical practitioner who is willing to carry out such examination,
as a condition of such person being allowed to land in Bermuda.
(2) Any immigration officer may, for the
purposes of subsection (1), direct any passen ger or member of the crew of the
ship or aircraft
to be landed in such custody as the immigration officer may
require.
Power to arrest
persons illegally landed
49 Where it is made to appear by
information on oath to a Justice of the Peace that a person has landed from a
ship or aircraft in
Bermuda in contravention of this Part the Justice of the
Peace may issue a warrant under his hand requiring any immigration offi
cer or
po lice officer to ap prehend such person and convey him on board such ship or
aircraft, if then in port, or, as the case
may be, at an airport or to take him
before a court of summary juris diction to be dealt with in ac cordance with
this Act.
Offences
relating to illegal landing
50 (1) Any
person—
(a) who lands or attempts to land in Bermuda; or
(b) who does any act preparatory to landing in
Bermuda,
where such landing
is, or would be, in contravention of any provision of this Part, com mits an
offence against this Act.
(2) Any person—
(a) who knowingly assists any person to land in
Bermuda; or
(b) who connives in the landing in Bermuda of any
person; or
(c) who wilfully does any act preparatory to the
landing in Bermuda of any person,
where such landing
is, or would be, in contravention of any provision of this Part, com mits an
offence against this Act.
Offence of
harbouring illegal immigrant
50A (1) Subject
to subsection (3), a person who harbours an illegal
immigrant commits an offence against this Act.
(2) In subsection (1), "illegal
immigrant" means a person who at the time of the har bouring was in
Bermuda in contravention
of the law.
(3) It shall be a good defence for a person
charged with har bouring another person contrary to subsection (1) to prove
that the per
son charged did not know, and had no reason to suspect, that the
other person was in Bermuda in contravention of the law.
Duty to produce
passports, etc
51 (1) Every
person intending to land in, or as the case may be, to depart from, Bermuda
shall, if required to do so by any immigration
offi cer, produce for inspection
any pass port, visa, document evidencing na tionality, document evidencing
permission to enter
any coun try, or other document of a like nature, in his
possession.
(2) Any person who fails to comply with any such
requirement commits an offence against this Act.
Restrictions on
signing on and off members of ship's company
52 Except as expressly required by the
Acts of the Parliament of the United Kingdom entitled the Imperial Merchant
Shipping Acts, the
Ship ping Master shall not sign on or off any member of a
ship's company in Bermuda without the previous permission in writing of
the Min ister:
Provided that nothing
in this section shall apply in relation
to a person who possesses Bermudian status.
Re-entry
permits
53 (1) Any
person who is, for the time being, entitled by any provi sion of this Act, or
permitted by reason of the exercise of any power
thereunder, to enter Bermuda
may apply to the Minister, for the is sue of a re-entry permit.
(2) The Minister shall, in respect of a person
entitled in pur suance of subsection (1), is sue a re-entry permit valid for
such period
as the applicant is, at the time of issue, entitled to enter and
re-enter Bermuda; but in respect of any person not so entitled,
the Minister in
his dis cretion may issue or refuse to issue such re-entry permit:
Provided that nothing
in subsection (1) or (2) shall have effect so as to authorize any per son to
land in Bermuda, notwithstanding
his pos session of a valid re-entry permit, if
he has, since the issue of the permit, become a person who may be refused
permission
to land in Bermuda.
(3) Notwithstanding anything in this Part which
has effect so as to require the master or local representative of a ship, or
the commander
or local representative of an aircraft, to receive a person on a
ship or air craft and to take him out of Bermuda, or to be deemed
to be
financially re sponsible for the maintenance, removal or otherwise of a person,
no such requirement or finan cial responsibility
as aforesaid shall be deemed
to arise or be incurred if such person were car ried by a ship or aircraft
while holding a valid re-entry
permit; so, however, that the fore going pro visions
of this subsection shall not have effect so as to absolve a master, commander
or local representative as aforesaid where the mas ter, com mander or local
representative has received notice in writing from
the Minister that the name
of the person in respect of whom the re-entry permit was issued has been
entered in the stop list.
(4) Fees payable in respect of the issue of a
re-entry permit shall be paid to the Chief Immigration Officer.
Distribution of
copies of stop list, etc., to shipping agents, etc
54 It is lawful for the Minister to cause
copies of the stop list, or no tification of the entry in or removal of any
name from the
stop list, to be given to the local representatives of ships ordi narily
calling at Bermuda or to bona fide
travel agencies.
Regulations
55 The Minister may make regulations for
any purposes in connec tion with the carrying into effect of this Part.
Transitional
provisions for Purposes of Part IV
56 [omitted]
PART V
REGULATION OF
ENGAGEMENT IN GAINFUL OCCUPATION
Interpretation
and construction of expressions relating to engage ment in gainful occupation;
power to declare certain occupations
to be treated as gainful occupa tion
57 (1) This
section governs the construction of expressions relat ing to the engagement of
persons in gainful occupation.
(2) "engage
in gainful occupation" means, for the purposes of this Part—
(a) to take and continue in any employment; or
(b) to practise any profession; or
(c) to carry on any trade; or
(d) to engage in local business,
where such
employment, profession, trade or local business is taken or continued, or is
practised, carried on or engaged in, for
reward, profit or gain; and cognate
expressions shall be construed accordingly.
(3) "practise any profession" does not
include, for the purposes of this Part—
(a) service as a member of a Government Board or
other public authority; or
(b) service as a member of a commission appointed
under the Commissions of Inquiry Act 1935 [title
28 item 19]; or
(c) service as a member of any judicial or
quasi-judicial authority, or as a member of any quasi-judicial or arbi tration
tribunal appointed
by the Governor under any Act; or
(d) giving professional evidence within the meaning
of the Evidence Act 1905 [title 8 item 10],
before any court or other tribunal.
(4) "engage in local business" means,
for the purposes of this Part, generally to engage in any business for reward,
profit,
or gain, and "engage in local business" includes—
(i) the letting of any dwelling-house or
part of a dwelling-house for reward, otherwise than as re spects the letting of
a dwelling-house
ordinarily occupied by the lessor during any pe riod when the
lessor is temporarily absent from Bermuda;
(ii) acting as a director of any company,
firm or other undertaking (other than a com pany within the definition of
"company"
in section 2(1) of the Companies Act 1981 [title 17 item 5]) which itself carries
on business in Bermuda, (so, however, that the managing director of a company
within the definition of "company"
in section 2(1) of the Companies
Act 1981 which carries on business in Bermuda shall be treated as en gaging in
local business);
(iii) engaging in any business in Bermuda as a
part ner (whether or not an active partner) within the meaning of the
Partnership Act 1902
[title 17 item 25];
but does not
include—
(iv) service as a member of a Government
Board or other public authority;
(v) service as a member of a commission
appointed under the Commissions of Inquiry Act 1935 [title 28 item 19], or of any arbitration tribunal or other tribunal
of a like nature;
(vi) service as a member of either House of
the Leg islature or as a member of any com mittee of ei ther House or of any
joint select
committee;
(vii) service as a member of either municipal
corpo ration, or as a member of a parish council or church vestry;
(viii) acting as a director (other than a
managing di rector) of a company within the defini tion of "company"
in section 2(1)
of the Companies Act 1981 [title
17 item 5];
(ix) engaging in any transaction which is
solely of the nature of an investment and with respect to which there is
(otherwise than as
respects the exercise of the powers of a shareholder in a
company within the definition of "company" in section 2(1) of
the
Companies Act 1981 [title 17 item 5])
no element of continuing direction.
(5) Notwithstanding anything in subsections (1),
(2), (3) or (4) the Minister, by statutory instrument to which section 6 of the
Statutory
Instruments Act 1977 [title 1
item 3] shall not ap ply, may declare that engagement in any occupation
specified in the regulations shall, for the purposes of this Part,
be treated
as if it were engagement in gainful oc cupation; and as from the date of the
coming into operation of the regu-
lations
this Part shall be deemed to apply and have effect accordingly.
(6) For the purposes of subsection (2) any
employment profes sion, trade or local busi ness shall be deemed to be taken or
continued,
practised, carried on or engaged in, (as the case may be for reward,
profit or gain if such employment, profession, trade or local
business is ordi narily
in Bermuda continued, practised carried on or engaged in for re ward, profit or
gain, notwithstanding that
no reward, profit or gain may be obtained or
obtainable in the circum stances of the particular case.
Saving for
powers under Parts IV and VII
58 Nothing in this Part shall derogate
from or abridge any power which may be exer cised by the Governor or by the
Minister under Part
IV (which relates to the control of entry and residence in
Bermuda), or un der Part VII (which relates to deportation).
Special
category persons
59 (1) Any
person who does not possess Bermudian status but who is for the time be ing a
person falling, as respects his occupation, or
future occupation, within any of
the categories set out in the First Schedule is referred to in this Act as a
special category
person, and shall, while he remains a special category person,
be entitled, as respects his engagement in gainful oc cupation in
Bermuda, to
those exemptions from the requirements as to the grant of permission by the
Minister conferred by sections 60 to 68.
(2) Any special category person who is for the
time being a per son falling, as respects his occupation or future occupation,
within
any of the categories set out in Part I of the First Schedule is referred
to in this Act as a special category person in Government
employment.
General
principle regarding regulation of engagement in gainful oc cupation
60 (1) Without
prejudice to anything in sections 61 to 68, no per son—
(a) other than a person who for the time being
possesses Bermudian status; or
(b) other than a person who for the time being is a
special category person; or
(c) other than a person who for the time being has
spouse's employment rights; or
(d) other than a person in respect of whom the
requirements of subsection (6) are satisfied,
shall, while in
Bermuda, engage in any gainful occupation without the specific permis sion
(with or without the imposition of conditions
or limi tations) by or on behalf
of the Minister.
(2) Notwithstanding anything in subsection (1),
the entitlement conferred thereby upon a special category person to engage in
gainful
oc cupation without the specific permission of the Minister shall be re stricted
to an entitlement to engage only in such gainful
occupation as is directly
within the scope an ambit of the particular service, employment or calling by
virtue of which he is for
the time being a special category person.
(3) For
the purposes of paragraph (c) of subsection (1), a person shall have spouse's
employment rights—
(a) who is married to, or is the widow or widower
of, a person possessing Bermudian status (a "Bermudian spouse"); and
(b) who is living as husband and wife with that
person's Bermudian spouse, or, where that spouse died, so lived up to the time
of the
death; and
(c) whose Bermudian spouse is ordinarily resident
in Bermuda or, where that spouse died, was so resident up to the time of the
death.
(4) In
relation to the requirements of ordinary residence and living as husband and
wife mentioned in subsection (3)—
(a) where any question arises whether a person was
ordinarily resident in Bermuda, or was living as husband and wife with anyone
in
Bermuda, that question shall be decided by the Minister;
(b) where a person has been ordinarily resident in
Bermuda, or has been living as husband and wife with someone in Bermuda, and
has
then been absent from Bermuda for the purpose of that person's education
outside Bermuda, the Minister may count that period of
absence from Bermuda as
a period of ordinary residence in Bermuda or, as the case may be, as a period
during which that person
was living as husband and wife with someone in
Bermuda, if the Minister is satisfied that, but for that period of absence, the
person in question would in fact have continued to be ordinarily resident in
Bermuda, or, as the case may be, to live as husband
and wife with someone in
Bermuda.
(5) In
subsection (3), the expressions "widow" and "widower", in
relation to a deceased spouse, mean the person
surviving the deceased spouse regardless
whether the survivor remarries.
(6) The
requirements referred to in paragraph (d) of subsection (1) are as follows—
(a) the person must be—
(i) a citizen of the United States of
America; and
(ii) the spouse of an employee of the
Government of the United States of America, being such an employee who—
(aa) is in, or arrives in, Bermuda solely for the
purpose of discharging his official duties as such an employee; and
(bb) is either—
(A) a consular officer or a consular emplo yee
within the definitions of those expressions in para graph 1 of Article 1 of the
Vienna
Convention as set forth in Schedule 1 to the Consular Relations Act
1971; or
(B) a person to whom the Diplomatic Privi leges
(Pre clearance Officials) Order 1980 applies;
(b) the person must be living with that person's
spouse as husband and wife;
but, if any
question arises whether those requirements are satisfied in relation to a
person, that question shall be decided by
the Minister.
[Section 60
amended by 1994:23 effective 13 July 1994 and by 1995:36 effective 14 July
1995]
Grant etc. of
permission to engage in gainful occupation
61 (1) This
section shall have effect in connection with the appli cation of any person to
the Minister for the grant to that person of
any permission under section 60.
(2) Any such application shall, if so required
by the Minister, be made on the prescribed forms.
(3) Without prejudice to anything in section 33
(which section relates to various powers of the Minister with respect to
safeguards
re garding permission to land or remain or reside in Bermuda) the
Minister shall have the like powers with respect to applicants
for the grant of
per mission to engage in gainful occupation; and section 130 (which section relates to the manner of dealing with
deposits of sums of money made with the Chief Immigration Officer)
shall apply
and have effect accord ingly.
(4) The Minister, in considering any application
for the grant, extension or variation of permission to engage in gainful
occupation,
shall, subject to any general directions which the Cabinet may from
time to time give in respect of the consideration of such applications,
take
par ticularly into account—
(a) the character of the applicant and, where
relevant, of his or her spouse;
(b) the existing and likely economic situation of
Bermuda;
(c) the availability of the services of persons
already resi dent in Bermuda and local companies;
(d) the desirability of giving preference to the
spouses of persons possessing Bermudian status;
(e) the protection of local interests; and
(f) generally, the requirements of the community
as a whole,
and the Minister
shall, in respect of any such application, consult with such public au thorities
as may, in the circumstances,
be appropriate, and shall in particular, in the
case of an application for permission to prac tise any profession in respect of
which there is established any statutory body for regulating the matters dealt
with by that profession, consult with that body.
(5) Any permission granted by the Minister under
section 60—
(a) may be limited in duration to a time specified
in the permission; and
(b) may be granted subject to such conditions or
limitations as the Minister thinks fit to impose and as are specified in the
permission,
and any person who
has been granted permission under section 60 shall not engage in any gainful
occupation in such manner that there
is a fail ure to comply with any such
condition or limitation.
(6) The
Minister may either withhold permission
or grant per mission subject to any du ration, condition or limitation, without
assign-
ing
any reason for that decision.
(7) The Minister may extend, revoke, vary or
modify the terms of any such permission:
Provided that any
revocation or restriction of the terms of any such permission shall be effected
by means of an order in writing
served upon the person to whom it relates and
that the provisions of section 34 (2), (3) and (4) shall apply mutatis mutandis to the making of such
an or der under this subsection as they apply to the making of an order re voking
permission to reside:
Provided further that,
where, in the case of a person employed by another pursuant to such a
permission, the occupation of the former
is terminated by the latter or is
regarded by the latter as having ended and the latter informs the Minister of
that fact in writing,
the permission shall be deemed to have been revoked
immediately upon receipt by the Minister of that writing, but so that the
provisions
of the first proviso to this subsection respecting revocations shall
not apply in such a case.
(8) The power of the Cabinet under subsection
(4) to give gen eral directions to the Minister includes the power to give him
a direction
that he shall approve, or that he shall reject, applications
falling within a particular description specified in the direction;
and the
Minister shall comply with any such direction notwithstanding anything in
subsection (4).
Special
employment rights for spouses of Bermudians
61A [repealed
by 1994:23 effective 13 July 1994]
Revocation of
spouse's employment rights certificate
61B [repealed
by 1994:23 effective 13 July 1994]
Automatic
invalidity of certificate in certain circumstances
61C [repealed
by 1994:23 effective 13 July 1994]
Employment
privileges for spouses of Bermudians
61D [repealed
by 1994:23 effective 13 July 1994]
Duty to report
certain events to Minister
61E [repealed
by 1994:23 effective 13 July 1994]
Special
provisions respecting obligation of employers with respect to special category
persons
62 (1) It
shall be the duty of the employer of any special category person other than a
special category person in Government employment,
to make arrangements, if so
required by the Minister, for the removal from Bermuda of any such person upon
the termination of his
employ ment by such employer, or at any time thereafter—
(a) unless such person has subsequently been
granted permission under this Part to engage in any other gain ful occupation;
or
(b) unless such person acquires Bermudian status.
(2) Notwithstanding anything in subsection (1),
where an em ployee or person who has been employed as mentioned in subsection
(1) is,
under any provision of this Act, repatriated, removed or deported from
Bermuda, the employer shall, unless such person has subsequently
been granted
permission under this Part to engage in other gainful occupa tion, be
financially re sponsible for any public charges
incurred in respect of such
repatriation, removal or deportation.
Special
provisions with respect to carrying on business by travelling salesmen
63 (1) Without
prejudice to any other provision of this Part this section shall have effect in
relation to the engagement by travelling
salesmen in gainful occupation in
Bermuda.
(2) The fees set out in the Regulations made
under the Gov ernment Fees Act 1965 [title
15 item 18] shall be payable to the Minister in respect of any permission
granted by the Minister, under section 60, to a travelling salesman
to engage
in local business in Bermuda.
(3) Any person who, knowing or having reasonable
cause to believe that a travelling salesman is not permitted to engage in local
business
in Bermuda—
(a) buys from, or agrees or attempts to buy from,
that trav elling salesman any article in respect of which the trav elling
salesman
takes or receives or solicits orders in Bermuda; or
(b) places or agrees or attempts to place any order
with the travelling salesman in re spect of any such article as aforesaid,
commits an offence
against this Act.
(4) It shall be the duty of a travelling
salesman to produce the permission granted to him by the Minister under section
60 if so re-
quested by any person proposing to deal with him with a view to
entering
into any of the transactions mentioned in subsection (3).
(5) In this section "travelling
salesman" means a person other than a person who pos sesses Bermudian
status who on behalf
of any person or corporate body outside Bermuda takes or
receives or solicits orders for anything capable of being sold or disposed
of
for valuable consid eration.
Offence of
engaging in gainful occupation in contravention of PartV
64 Any person who engages in any gainful
occupation in contraven tion of any provision of sections 57 to 63 commits an
offence against
this Act.
Offence of
employing person in contravention of Part V
65 Any person who employs another person in
such circumstances that the employ ment of such latter person is in
contravention of any
pro vision of sections 57 to 64 commits an offence against
this Act:
Provided that it shall
be a good defence for a person charged with an offence under this section to
prove that he had made reasonable
enquiries to determine whether such
employment was in contravention of any earlier provision of this Part, and had
no reasonable
grounds for be lieving, and did not in fact believe, that such
employment was in con travention of such provision.
[this
proviso is prospectively repealed but repeal not yet in force: see 1972:54
section 3]
Carrying of
identity cards, etc
66 (1) Every
person who—
(a) does not possess Bermudian status; or
(b) is not a special category person,
who engages in
gainful occupation shall at all times during his ordinary hours of work or when
engaged in such occupation carry
upon him a certifi cate of identification in
the form prescribed by regulation made under section 68.
(2) Any person required to carry a certificate
of identification under subsection (1) shall produce the certificate when so
required
by a member of the Bermuda Police Service or by an im migration
officer.
(3) Any person who—
(a) fails to carry a certificate of identification
in contraven tion of subsection (1); or
(b) fails to produce a certificate in contravention
of subsec tion (2), or who produces a certificate which is not his,
commits an offence
against this Act.
(4) In any prosecution brought for a
contravention of this sec tion a person shall be deemed not to possess
Bermudian status until and
unless the contrary is established.
[section 66 amended by 1997:37 effective by notice in Official Gazette]
Power to enter
premises
67 (1) Any
immigration officer and any member of the Bermuda Police Service may enter any
premises upon which such officer or member may
have reason to believe any
person may be engaged in gainful occu pation, if need be, by force, for the
purpose of ascertaining
whether there is, or has been, any contravention of
this Part in relation to such person or in relation to any records required
to
be kept by regulation made un der section 68.
(2) The power of entry conferred by this section
shall be exer cised only during normal working hours or at such other times as
it may
reasonably be supposed that persons engaged in gainful occupation are
upon the premises.
(3) An immigration officer or member of the
Bermuda Police Service acting under this section may take with him such other
persons as
may be reasonably necessary in the circum stances.
(4) If, upon effecting an entry upon any
premises under this section, it appears that there has been a contravention of
any provision
of this Act or any other statutory provision the immigration
officer or member of the Bermuda Police Service effecting entry may
exercise
such powers as may be conferred upon him by this Act or such statutory pro vision,
whether to effect an arrest or otherwise
howsoever.
[section 67 amended by 1997:37 effective by notice in Official Gazette]
Regulations
68 (1) The
Minister may make regulations for any purpose in rela tion to the carrying into
effect of this Part and without derogation from
the generality of the foregoing
such regula tions may—
(a) prescribe the form of certificate of
identification for the purposes of section 66;
(b) prescribe
the particulars to be furnished to the Minister by persons applying for the
issue of a permit or certifi-cate under this
Part, including the submission of
pho-
tographs
of the applicant;
(c) make provision with respect to certificates of
physical fitness required to be pro duced to the Minister;
(d) prescribe the records to be kept by employers
of persons who do not have Bermu dian status including the form of such
records, the
nature of the entries therein, the time when such entries arc to
be made, the inspection of such records and the place where such
records are to
be kept and the returns to be rendered in respect thereof;
(e) prescribe the nature of the evidence which on
produc tion to an employer under sec tion 65 will satisfy the re quirements of
those
provisions.
(2) [spent]
Restriction on
carrying on business by non-resident corporate bod ies
69 [repealed
by 1981:59]
Determination
of appropriate fee
70 [repealed
by 1981:59]
Transitional
provisions for purposes of Part V
71 [omitted]
PART VI
RESTRICTIONS ON
ACQUISITION, ETC., OF PROPERTY
Interpretation
of Part VI
72 In this Part unless the context
otherwise requires—
"conveyance"
means any form of assurance whereby land is transferred inter vivos: and "convey"
shall be construed
ac cordingly;
"land"
includes land covered by water and any building erected on land and is
restricted to any estate or interest in
posses sion other than any easement
over or any charge upon or issu ing out of any land or building;
"licence"
means a licence granted by the Governor under this Part authorizing the acqui sition,
or as the case may be,
the holding of land by a restricted person;
"restricted
person" means a person—
(i) who, although he is a Commonwealth citizen,
does not possess and enjoy Bermu dian status; or
(ii) who is an alien; or
(iii) which is a corporation incorporated outside
Bermuda;
"specially
restricted child of an alien" means a person under the age of twenty-one
years who is the child of an alien,
and who does not possess Bermudian status;
and
"the Washington
Convention" means the Convention between the United Kingdom and the United
States of America relative
to the disposal of real and personal property signed
at Wash ington on the 2nd March, 1899.
Saving for
provisions of other Parts of Act
73 Nothing in any licence granted under
this Part or under the Ac quisition of Land by British Subjects (Restriction)
Act 1948, or
under, or in force by virtue of, the Alien Act 1926, with respect
to the holding or use of any land, shall be construed as derogating
from or
abridging any provision of any other Part whereby the use of such land is
subject, or may be made subject, to restrictions
or requirements.
Saving for
other Acts, etc, as respects acquisition or holding of property and re strictions
on use of land
74 (1) Nothing
in this Part shall derogate from or abridge—
(a) any provision of law relating to inheritance or
to intes tacy; or
(b) any provision of the Corporate Bodies Lands Act
(No. 2) 1936 [title 17 item 15]; or
(c) any provision of the Corporate Bodies (Joint
Tenancy) Act 1951 [title 17 item 16];
or
(d) any
provision of the Companies Act 1981 [title
17 item 5]; or
(e) any provision of any Private Act whereby any
person or body corporate is authorized to acquire, hold, use or dispose of any
real
or personal property.
(2) Nothing in this Part shall derogate from or
abridge any pro vision of the Advertise ments Regulation Act 1911 [title 20 item 9], or the Municipalities
Act 1923 [title 4 item 1], or of the
Public Health Act 1949 [title 11 item 1],
or of the United States of America Consular Establish ment (Acquisition of
Land) Act 1953 [title 6 item 3], or
any pro vision of any statutory instrument in force under any of such Acts, by
or under which any restriction is or may be
imposed in connection with the
devel opment or use of land, or with respect to the construction or use of any
building or other
structure on any land.
Saving for
rights of United States citizens under Washington Con vention
75 Nothing in this Part shall affect in
any respect the provisions of the Washington Convention, but all rights and
privileges conferred
upon citizens of the United States of America shall,
subject to the terms of the said Convention, remain and be of full effect.
Capacity of
alien to acquire, etc., real and personal property
76 Subject to the express provisions of
this or any other Act, real and personal property of every description may be
taken, acquired,
held, and disposed of, by an alien in the same manner in all
respects as by a Commonwealth citizen; and a title to real and personal
property of ev ery description may be derived through, from or in succession to
an alien, in the same manner in all respects as
through, from, or in succession
to, a Commonwealth citizen; but this section shall not entitle an alien to any
right or privilege
as a Commonwealth citizen, except such rights and privileges
in respect of property as are expressly conferred upon him by the succeeding
provisions of this Part.
Exclusion of
qualification for franchise, etc
77 Nothing in this Part shall qualify an
alien, by virtue of his or his wife's ownership of any land in Bermuda—
(a) for election to serve on a Municipal
Corporation or a Church Vestry; or
(b) generally, for any municipal franchise.
Corporations
78 Except as expressly provided in this
Part or in any other Act, a corporation shall not have power to acquire or hold
any land in
Bermuda:
Provided that a
corporation, which is not otherwise empowered by law so to do, shall have
power, under the authority of a licence
granted by the Governor, to take land
in Bermuda by way of lease or let ting agreement for a term not exceeding
twenty-one years,
being land bona fide
required for the purposes of the business of the corporation.
[Governor's
functions delegated to the Minister by BR 42/1981 effective 24 July 1981]
Saving for
existing rights
79 Subject to the express provisions of
this Act, nothing in this Part shall take away or diminish any right, privilege
or capacity
heretofore lawfully possessed by or belonging to aliens so far as
relates to the pos session or enjoyment of any real or personal
property in
Bermuda, but all such rights shall continue to be enjoyed by such aliens in as
full and ample manner as such rights
were enjoyed before 30 June 1956.
Restrictions on
acquisition of land by restricted persons
80 (1) Subject
to this section, but without prejudice to anything in section 81—
(a) it shall be unlawful for a restricted person to
acquire any land in Bermuda except under the authority of a licence granted to
such
restricted person by the Governor; and any conveyance purporting to convey
any land to an unauthorized restricted person shall be
void; and
(b) it shall be unlawful to convey any land to any
person as a trustee for, or a grantee to the uses of a restricted per son or
otherwise
to assure any land for the benefit of a restricted person except
under the authority of a licence granted to such trustee or grantee
by the
Governor and any conveyance or assurance purporting to convey or assure any
land to such trustee or grantee, except in accordance
with the terms of such
licence, shall be void.
(2) Notwithstanding anything in subsection (1),
where a con veyance or assurance which, under subsection (1) is unlawful, has
been executed
and the restricted person or the trustee or grantee, as the case
may be, to whom the land is purported to be conveyed—
(a) applies to the Governor for the grant of a
licence autho rizing the acquisition by him of the land; and
(b) satisfies the Governor that he acted under the
mistaken belief that he had lawfully acquired the land under the conveyance or
assurance,
the Governor may
grant a licence authorizing the acquisition of the land by the restricted
person, or the trustee or grantee, as
the case may be, and declaring that he is
satisfied that such person, trustee or grantee acted under a mistaken belief
that he
had lawfully acquired the land un der the conveyance or assurance; and
where such licence is granted the conveyance or assur ance
shall be deemed to
have been valid from the time of its execution.
(3) Nothing in this section shall require the
grant of a licence—
(a) in respect of the acquisition of any land by
devise or in heritance, so, however, that, as respects a restricted person who
is an
alien or is the specially restricted child of an alien sec tion 81
relating to the holding of land ac quired by devise or inheritance
shall have
full power and effect; or
(b) in respect of the acquisition of any land by
way of a lease or letting agreement, for a term not extending beyond five years
from
the date of initial acquisition of such land, where such lease or
agreement does not provide an option of renewal which would enable
the tenant
to pro long the term beyond five years from that date; or
(c) in respect of the acquisition of any land by
way of mort gage or by way of judgment for foreclosure, so, however, that, as
respects
a restricted person who is an alien or is the specially restricted
child of an alien section 81 re lating to the holding of land
acquired by
devise or inher itance shall have full power and effect; or
(d) in respect of a reconveyance or release of land
upon satisfaction of a mortgage or other charge thereon.
(4) Any person who, except in accordance with
the terms of a licence granted by the Governor, is a party to a conveyance or
assurance
of whatsoever nature which purports to convey or assure land to or
for the benefit of a restricted person or who aids and abets
such party com mits
an offence against this Act.
(5) In this section—
(a) "benefit", in relation to a
restricted person, means any circumstances whereby, un der the terms of a con veyance
or assurance
of land, such person would be en abled to enjoy. the immediate
occupancy of such land or the pecuniary proceeds or profits thereof
whether or
not at the discretion of a trustee, or grantee, and whether or not subject to
termination on the happen ing of any event
or the fulfilment, or otherwise, of
any condition; and
(b) where, subsequent to the grant of any licence
to which this section relates, any ben efit arises in favour of any other
restricted
person, then, in any such case and for the purposes of this section,
a new conveyance, or as surance, of land shall be deemed to
have taken place
and all the provisions of this section shall apply thereto.
(6) Notwithstanding section 78, but subject to
this section, a company incorporated outside Bermuda may acquire and hold land
in Bermuda
in the capacity of a trustee pursuant to any instrument, wheresoever
made or executed having effect as a conveyance in Bermuda.
(7) Notwithstanding section 3, the expression
"alien" in this section and sections 81, 82, 83, 86, 89, 90, 94 and
95 means
a person who does not possess Bermudian status, whether or not he is a
Com monwealth citizen.
[Governor's
functions delegated to the Minister by BR 42/1981 effective 24 July 1981]
Holding of land
acquired by certain restricted persons by devise or inheritance
81 (1) Where
an estate or interest in remainder or in expectancy or in reversion vested in a
restricted person falls into possession in
respect of any land or where a
restricted person who is an alien, or who is the specially restricted child of
an alien, acquires
any land in Bermuda by devise or inheritance then it shall
be unlawful for such restricted person as aforesaid to hold the land,
otherwise
than subject to the requirements imposed by subsection (2), except under the
authority of a licence granted to him by
the Governor.
(2) Where a licence is not granted by the
Governor under sub section (1), the person having power to sell the land shall
sell the land
or cause the land to be sold within the period of three years, or
such longer period as the Governor may allow, next succeeding
the date when the
li cence was first required.
(3) Any person who fails to comply with the
requirements of subsection (2) commits an offence against this Act.
(4) Notwithstanding section 78 a corporation,
whether incorpo rated in Bermuda or oth erwise, may acquire and hold land in
the capacity
of a trustee for any person where such acqui sition occurs by
reason of the operation of any will or trust instrument resulting
from the
death of any person and wheresoever such will or trust instrument was made, ex ecuted
or has effect:
Provided that the
acquisition and holding of any such land by a corporation shall be subject to
this section as if such corporation
were a restricted person within the meaning
of this Act.
[Governor's
functions delegated to the Minister by BR 42/1981 effective 24 July 1981]
Holding of land
acquired by certain restricted persons by mortgage or foreclosure
82 (1) Where
a restricted person who is an alien, or who is the specially restricted child
of an alien, acquires any land in Bermuda by
reason of such land becoming
vested in him by virtue of a judgment for foreclosure or as mortgagee in
possession, then it shall
be unlawful for such restricted person as aforesaid
to hold the land, otherwise than subject to the requirements imposed by
subsection
(2), except under the authority of a licence granted to him by the
Gover nor.
(2) Where a licence is not granted by the
Governor under sub section (1), then the restricted person by whom the land in
question was
acquired shall sell the land, or cause the land to be sold, or
where the restricted person acquiring the land is under a disability,
then the
per son having power to sell the land shall sell the land or cause the land to
be sold, within the period of three years,
or such longer period as the
Governor may allow, next succeeding the date when such person ac quired the
land as mentioned in subsection
(1).
(3) Any person who fails to comply with the
requirements of subsection (2) commits an offence against this Act.
[Governor's
functions delegated to the Minister by BR 42/1981 effective 24 July 1981]
Applications for grant of licences
83 (1) An
application to the Governor for the grant of a licence shall be in writing
signed by the applicant or, where it is made to appear
to the Governor that
another person is duly acting on behalf of the appli cant, then by such other
person.
(2) The fees set out in the Regulations made
under the Gov ernment Fees Act 1965 [title
15 item 18] shall be payable to the Secretary to the Cabinet in respect of
an application for the grant of a licence made by or on behalf of
an alien.
[Governor's
functions delegated to the Minister by BR 42/1981 effective 24 July 1981]
Regulations
relating to applications for grant of licences
84 (1) The
Governor may make regulations—
(a) for prescribing the form and manner in which
applica tions for licences are to be made;
(b) for prescribing the particulars which are to be
furnished with such applications;
(c) for requiring any such applications to be
accompanied by plans and by sections from an ordnance map;
(d) for requiring the attestation of applications;
and
(e) for matters incidental thereto.
(2) The negative resolution procedure shall
apply to regulations made under this sec tion.
Grant of
licences
85 Subject as hereinafter provided, the
Governor may, with respect to an application made under section 80, in his
absolute discretion
grant or refuse to grant a licence:
Provided that—
(a) as respects any application made in respect of
a re stricted person the Governor shall take into considera tion any
representations
made by the Minister with re spect thereto; and
(b) as respects any application made in respect of
a re stricted person who is an alien for permission to acquire land as
mentioned
in section 80, the Governor shall not grant a licence in any
circumstances in which—
(i) the aggregate amount of land held by
aliens (other than alien corporations holding land by virtue of any enactment
other than this
Act) in Bermuda exceeds, or would by reason of such acquisition
exceed, in the whole two thousand acres; or
(ii) the aggregate amount of land held by
aliens (other than alien corporations holding land by virtue of any enactment
other than this
Act) in the parish in which is situated the land pro-posed to
be acquired, exceeds, or would by rea son of such acquisition exceed,
in the
whole four hundred acres, so, however, that as respects Pembroke Parish and St.
George's Parish no account shall be taken
of land held by aliens respectively
in the City of Hamilton or the Town of St. George's; or
(iii) the aggregate amount of land held by the
alien or by the alien and by his wife (if an alien) would exceed one third of
an acre within
the City of Hamilton or in the Town of St. George's, or, where
such land is held, both in Hamilton and St. George's, then one third
of an acre
in the ag gregate; or
(iv) the aggregate amount of land held by the
alien or by the alien and by his wife (if an alien) would exceed five acres
outside the
City of Hamilton and the Town of St. George's, or, if land is held
or proposed to be held both within and outside Hamilton and St.
George's, the
aggre gate area of land held by the alien or by the alien and by his wife (if
an alien) would exceed five acres,
so, however, that
the restrictions imposed by sub-paragraphs (iii) and (iv) may be disre garded
by the Governor where the land proposed
to be conveyed has been held and
enjoyed by the person proposing to convey the land as a single undivided
property.
[Governor's
functions delegated to the Minister by BR 42/1981 effective 24 July 1981]
Power of
Governor to impose conditions and limitations in licence
86 (1) Subject
to this section, a licence may be granted subject to such conditions or
limitations as the Governor thinks fit to impose
and as are specified in the
licence.
(2) This subsection
shall have effect with respect to the imposi tion of conditions or lim itations
in respect of a licence permitting
the holding of land acquired from another
alien by de vise or inheritance or by way of a judgment for foreclosure or as
mortgagee
in possession by a re stricted person who is an alien or the
specially restricted child of an alien, that is to say, any such condition
or
limitation—
(a) shall in all material respects be equivalent to
the condi tions or limitations (if any) which were last in effect in respect of
the holding of the land by the alien by whom the land was devised or from whom
the land was inher ited, or, as the case may be,
who owned the land imme diately
before such acquisition by way of the judgment for foreclosure or as mortgagee
in posses sion;
or
(b) where no conditions or limitations were in
effect as aforesaid, shall not be such as to restrict the use of the land to
any greater
extent than the use of the land was restricted by reason of any
statement of objects or pur poses contained in the application for
the grant of
the li cence made by the alien by whom the land was devised or from whom it was
inherited, or, as the case may be,
who owned the land immediately before such
acquisition by way of judgment for foreclo sure or as mortgagee in possession.
For the purposes of this paragraph any reference to an
application for the grant of a li cence shall, as respects any equivalent
case
to which the Alien Act 1926 applied, be construed as including a reference to
the memorial by which application for sanction
was made.
(3) Where a licence has been granted subject to
conditions or limitations the Governor, on the application of the person to
whom the
licence was granted, may, if he thinks fit, vary or modify any
condition or limitation; and where any condition or limitation is
varied or
modified the licence shall be altered accordingly.
For the purposes of
this subsection, any reference to the grant of a licence shall, as re spects
any equivalent case to which the
Alien Act 1926 applied, be construed as
including a ref erence to a sanction granted by the Governor and to the
certificate of
the Secretary to the Cabinet granted accordingly; and in any
such case any reference to the alteration of the licence shall be construed
as
requiring an appropriate alteration or replacement of such certificate.
(4) The Governor may make regulations under this
subsection providing for the pay ment of charges in respect of the renting out,
or
other application for profit, of any land acquired pursuant to a licence.
(5) The affirmative resolution procedure shall
apply to regula tions made under subsec tion (4).
Validity of
licence.
87 If the acquisition of any land is
authorized by a licence but is not completed before the expiration of a period
of six months after
the date of the grant of the licence, then the licence
shall cease to have effect, but without prejudice to the grant of a fresh
licence.
Provided that the
Governor may, if he thinks fit in any particular case, extend such pe riod.
[Governor's
functions delegated to the Minister by BR 42/1981 effective 24 July 1981]
Registration of
acquisition of land by restricted persons
88 (1) Where
a restricted person acquires any land in Bermuda by conveyance, or by way of
devise or inheritance, or by way of judgment
of foreclosure or as a mortgagee
in posses sion, it shall be the duty of the restricted person or, where the
restricted person
is under a dis ability, then the person having charge of the
restricted person's affairs, within the period of six months next succeeding
the date of acquisition, or within such longer period as the Governor may
allow, to register such acquisition in the office of
the Registrar-General and
such registration shall show whether the restricted person is a Commonwealth
citizen or an alien or a
specially re stricted child of an alien.
(2) There shall be payable in respect of any
registration effected by or on behalf of a re stricted person such fees as may
be prescribed
by regulations made under the Government Fees Act 1965 [title 15 item 18].
(3) Any person who fails to comply with
subsection (1) commits an offence against this Act.
[Governor's
functions delegated to the Minister by BR 42/1981 effective 24 July 1981]
Registration of
divestment of ownership of land by restricted person
89 (1) Where
land held by a restricted person is acquired by a per son who possesses and
enjoys Bermudian status, or in the case of land
held by a restricted person who
is an alien, is acquired by a Common wealth citizen (otherwise than by a
Commonwealth citizen who
is the specially restricted child of an alien) the
person who possesses and en joys Bermudian status or the Commonwealth citizen,
as the case may be, acquiring the land shall, within the period of six months
next succeeding the date of the acquisition, or within
such longer period as
the Governor may allow, register such acquisition in the office of the
Registrar General.
(2) Any person who fails to comply with
subsection (1) commits an offence against this Act.
[Governor's
functions delegated to the Minister by BR 42/1981 effective 24 July 1981]
Registration on
change of status of alien
90 Sections 88 and 89 shall apply, pari passu, in relation to—
(a) a Commonwealth citizen who becomes an alien;
(b) a Commonwealth citizen who acquires Bermudian
sta tus;
(c) a person who possesses and enjoys Bermudian
status who loses that status;
(d) an alien who is naturalized as a Commonwealth
citizen,
so, however, that
the period within which registration is required to be effected shall be deemed
to commence upon the day on which
such change in status occurs.
Register of
lands held by restricted persons
91 It shall be the duty of the
Registrar-General to maintain a regis ter, in such form and containing such
particulars as the Governor
may direct, for lands for the time being held by re stricted
persons.
[Governor's
functions delegated to the Minister by BR 42/1981 effective 24 July 1981]
Regulations
relating to registration of land
92 The Governor may make regulations—
(a) for prescribing the form and manner in which
registra tion is to be effected under section 88 or section 89;
(b) for prescribing the particulars which are to be
furnished in connection with any such registration; and
(c) for matters incidental thereto.
[Governor's
functions delegated to the Minister by BR 42/1981 effective 24 July 1981]
Cessation of
conditions and limitations where owner acquires Bermudian status
93 Where a person who has been a
restricted person, and as such has been granted a licence subject to conditions
or limitations, acquires
Bermudian status and thereby ceases to be a restricted
person, then the conditions or limitations shall cease to have effect.
Provisions
where alien holding land becomes Commonwealth citizen
94 Where a person who, having been a
restricted person who is an alien or who is a specially restricted child of an
alien, and as such
has been granted a licence to hold land under section 81 or
section 82 be comes, respectively, a Commonwealth citizen or ceases
to be a
national of a foreign country, then the Governor may, having due regard to the
purposes of this Part and to the subsequent
status of such person, vary or
modify the terms of the licence accordingly or may declare that the li cence
shall cease to have
effect.
Provision where
Commonwealth citizen acquires land under mis taken belief that he is alien
95 Where a person, acting under the
mistaken belief that he was an alien, has obtained the grant of a licence to
acquire or hold land,
and subsequently makes it appear to the satisfaction of
the Governor that he was at the time of the grant of the licence a Commonwealth
citizen, then the Governor may, having due regard to the purposes of this Part,
and to the subsequent status of such person, vary
or modify the terms of the li cence
accordingly or may declare that the licence shall cease to have ef fect.
Contravention
of condition or limitation specified in licence
96 (1) Any
restricted person who, having been granted a licence, contravenes any condition
or limitation specified in the licence, commits
an offence against this Act.
(2) For the purposes of this section, any
reference to any con dition or limitation speci fied in a licence—
(a) shall be construed, as respects a condition or
limitation imposed in a licence granted under the Acquisition of Land by
British
Subjects (Restriction) Act 1948, as in cluding a reference to any such
condition or limitation; and
(b) shall be construed, as respects a condition or
limitation imposed in respect of any sanction granted under the Alien Act 1926,
and
specified accordingly in a certificate of the Sec retary to the Cabinet, as
including a reference to any such condition or limitation.
(3) Without prejudice to anything in subsection
(1) or (2), where an alien who has ac quired and is holding land in Bermuda by
virtue
of the grant to him, before 1 July 1956, of the sanction of the
Governor, uses, or permits to be used, the land or any part thereof
for any
object or purpose other than the object or purpose stated in the memorial by
which the alien applied for the sanction,
then the alien shall be deemed to
have failed to comply with a condition or limitation specified in the
certificate of sanction
issued by the Secretary to the Cabinet.
Prohibition of
speculation, etc., in land by restricted persons
97 Nothing in this Part shall entitle or
authorize any restricted per son to engage in the business of dealing or
speculating in land;
and, without prejudice to any other provisions of this
Part, if any person, without the express permission in writing of the Governor,
deals or specu lates, or attempts to deal or speculate in any land acquired and
held for the time being by him, then he shall be
deemed, for the pur poses of
this Part, to contravene a condition or limitation under which he is authorized
to hold land.
Escheat of land
in respect of which certain offences have been committed
98 Where,
as respects any land held by a restricted person—
(a) any person is convicted of an offence under
section 96, which relates to contraven tions of conditions or limita tions
imposed in
a licence; or
(b) any person is convicted of an offence under
section 81 or section 82, which relate, inter
alia, to requirements as to the disposal of land within certain periods; or
(c) any person is convicted of an offence under
section 88, which relates to the regis tration of the acquisition of land, the
Governor,
if he considers that it is just to do so having re gard to all the
circumstances of the case, may within three months of the date
of the
conviction order that any land in connection with which the offence was
committed, or any part of such land, is to be escheated
to the Crown; and upon
the making of such an order the land, or any part thereof affected by the
order, shall be escheated to the
Crown and shall become subject to the
Appropriation of Escheats Act 1870 [title
8 item 102]; and the Governor may make it a condition of the
with holding of the mak ing of an order as aforesaid that the owner of the land
shall
pay, within such time as the Governor may deter mine, a penalty not
exceeding $2,400 into the Consolidated Fund.
Construction of
Part VI with respect to rights of United States citi zens under Wash ington
Convention
99 Nothing in this Part shall affect in
any way the provisions of the Washington Con vention, and all rights and
privileges conferred
on citi zens of the United States of America shall,
subject to the terms of the Washington Convention, remain and be of full
effect.
Special
provisions relating to sale of real property by United States citizens
100 Where any person desires to obtain a
prolongation of the term of three years in which under the provisions of
Article I of the Washington
Convention he would be allowed to sell any real
property in Bermuda, he may apply in writing to the Governor, stating the
circumstances
which render it necessary that such term should be
reasonably prolonged, and in any such
case the Governor, by warrant under his
hand and the Great Seal of Bermuda, may prolong the said term for such
reasonable period as the
Governor deems expedient.
Special
provisions relating to registration of acquisition of real property
101 (1) A
citizen of the United States of America to whom real prop erty has passed under
the conditions mentioned in the Washington Con
vention shall not, during the
time, or any pro longation thereof allowed to him under section 100, to sell
such property, be bound
to register the acquisition of the land as required in
section 88 but such liability shall be deemed to com mence only as from the
expiration of such time or any prolongation thereof:
Provided that nothing
herein contained shall be construed to prevent such registration at any time
prior to the expiration of the
time allowed for the sale of such property, or
any prolonga tion thereof as aforesaid.
Special
provisions relating to licences, sanctions, etc., granted un der previous leg islation
102 (1) Without
prejudice to any express provisions of this Part—
(a) any licence granted under the Acquisition of
Land by British Subjects (Restriction) Act 1948; or
(b) any sanction granted under the Alien Act 1926,
or under any Act replaced by that Act, or any certificate of the Secretary to
the
Cabinet granted under any such Act,
and in force
immediately before 1 July 1956 shall have effect as if it were a licence
granted under this Part; and the provisions
of this Part shall accordingly have
effect with neces sary modifications.
(2) Any rights acquired under section 8 or
section 9 of the Ac quisition of Land by British Subjects (Restriction) Act
1948, and sub
sisting immediately before 1 July 1956 shall, notwithstanding the
re peal of that Act, be deemed to subsist and have effect accordingly.
PART VII
DEPORTATION
Interpretation
of Part VII
103 In this Part, unless the context
otherwise requires—
"convicted
person" means a person in respect of whom any court certifies to the
Governor that he has been convicted,
either
by that court or, where that court is the Supreme Court sitting in its
appellate jurisdiction, then by the court of summary
ju risdiction from which
his case has been brought by way of appeal, of any offence punishable with
imprisonment, other wise than
only in default of payment of a fine;
"person
charged" means a person in respect of whom it is alleged that there are
grounds for making a deportation order,
and includes a person in respect of
whom a deportation order has been made.
Non-application
of Part VII as respects persons possessing Bermu dian status or their wives,
etc
104 Nothing in this Part shall apply or have
effect so as to authorize or empower the Governor to make a deportation order
in respect
of a person—
(a) who possesses and enjoys Bermudian status; or
(b) who, although not deemed to possess and enjoy
Bermu dian status, is the wife of a person who both possesses Bermudian status
and
is ordinarily resident in Bermuda, being a wife who is not living apart
from her husband under a decree of a competent court or
a deed of sepa ration;
or
(c) who, although not deemed to possess and enjoy
Bermu dian status, is the child (including, in the case of a woman, her
illegitimate
child) or step-child, or adopted child, under the age of
twenty-one years of a person who both possesses Bermudian status and is
ordinarily resi dent in Bermuda,
and sections 105
to 118 shall, as respects Commonwealth citizens be construed accord ingly.
Arrest of
persons charged
105 (1) Where—
(a) any immigration officer generally or specially
authorized in writing by the Minister in that behalf; or
(b) any police officer,
believes on
reasonable grounds that a person is a person charged he may arrest that per son.
(2) Any person arrested under subsection (1)—
(a) may be detained in any prison, police station
or immi gration office until he can be brought before a magis trate;
(b) shall be brought before a magistrate not later
than the first day upon which a court of summary jurisdiction sits subsequent
to
the day of arrest.
(3) The magistrate may, where a person is
brought before him under subsection (2)—
(a) if he is not satisfied that the person
concerned is a per son charged, order—
(i) the release of such person; or
(ii) the further detention of such person for
a period not exceeding seven days, so that inquiries be made into such person's
circumstances;
(b) if he is satisfied that the person concerned is
a person charged, order the further detention of such person for a period not
exceeding
fourteen days pending a decision of the Gov ernor, acting under the
provision of section 106 to make a deportation order.
(4) It shall be lawful for any person having the
custody of any person detained under this section to suffer such person, at his
request,
to depart from Bermuda.
(5) The magistrate may, in his discretion,
release a person subject to detention under this section upon his entering into
a recog nizance
with or without sureties, for a reasonable amount, to appear be fore
the magistrate at a time and place mentioned in such recog
nizance—
(a) in the case of a person in respect of whom
inquiries are to be made, for the purposes of such inquiries;
(b) in the case of a person detained pending a
decision of the Governor, acting under section 106, or the purpose of being
notified
of the determination of the Governor.
(6) If at any time it should be made to appear
to a magistrate that a person detained under subsection (3)(a) or who, being
subject
to
detention
under subsection (3)(a), has been re leased under subsection (5)—
(a) is not a person charged, the magistrate shall
forthwith order the release of such per son or the discharge of his
recognizances,
as the case may be;
(b) is a person charged, and subject to subsection
(5), order the detention of that person under subsection (3)(b).
(7) For the purposes of this section "a
person charged" shall not include a person in re spect of whom it is known
that a
deportation order has been made.
(8) This section shall apply where a person
charged is a person whose presence in Bermuda is unlawful by reason of a
contravention of
any provision of this Act, notwithstanding that criminal
proceedings might be brought against such person by reason of such
contravention,
whether or not they have been so brought, as they do to a person
who is a person charged for any other reason.
(9) In any proceedings before a magistrate under
this section a certificate under the hand of the Chief Immigration Officer that
the
Min ister has forwarded the name and particulars of any person to the Sec retary
to the Cabinet under section 115 shall, on its
production, be con clusive
evidence that the person to whom the certificate relates is a per son charged.
Power of
Governor to make deportation order
106 (1) The
Governor may, if he thinks fit, make a deportation or der in respect of a per son
charged—
(a) who is a convicted person in respect of whom
the court, certifying to the Governor that he has been convicted, recommends
that a
deportation order should be made in his case, either in addition to or
in lieu of dealing with him in any other way in which the
court had power to
deal with him; or
(b) who is a destitute person; or
(c) who is a person in respect of whom the Governor
con siders it conducive to the pub lic good to make a depor tation order; or
(d) who is a person whose presence in Bermuda is
unlawful by reason of a contraven tion of any provision of this Act.
(2) Where any case in which a court of summary
jurisdiction has made a recommenda tion for the making of a deportation order
is brought
by way of appeal before the Supreme Court, and the Supreme Court
certifies to the Governor that it does not concur in the recommen
dation then
such recommendation shall be of no effect, but without prej udice to the power
of the Gover nor to make a deportation
order under subsection (1)(b), (c) or
(d).
(3) A deportation order made under this section
may be made subject to any condition which the Governor may think proper.
(4) Before the Minister makes any recommendation
to the Gov ernor under subsection (1)(c) in respect of a person charged whose
pres
ence in Bermuda is lawful, he shall cause a notifi cation in writing to be
served upon the person charged that he proposes to make
such a recom mendation
in his case at the expiration of fourteen days or such longer period as may be
speci fied.
Power to
detain, etc., person charged
107 (1) When
a court recommends the making of a deportation or der in respect of a con victed
person such person may, if the court so or
ders, be detained in such manner as
the court may direct for a period not exceeding twenty-eight days pending the
decision of the
Governor with regard to the making of a deportation order; and
any person shall, whilst so detained, be deemed to be in lawful custody.
(2) A person in respect of whom a deportation
order has been made may be detained in such manner as may be directed by the
Gover nor,
and may be placed on board a ship or aircraft about to leave
Bermuda, and shall be deemed to be in lawful custody whilst so detained
and
until the ship or aircraft finally leaves Bermuda:
Provided that—
(a) no person shall be detained under subsection
(1) for a period exceeding twenty-eight days, and
(b) nothing
in this proviso shall derogate from any power mentioned in subsection (2) to
place any person in re spect of whom a deportation
order is in force on a ship
or aircraft, or dero gate from any provision whereby any such person is to be
deemed to be in lawful
custody there after until such time as the ship or
aircraft finally leaves Bermuda.
Form of deportation order; power of revocation, variation,
etc
108 (1) A
deportation order shall be in such form as the Governor may approve.
(2) The Governor may at any time revoke, vary or
modify a de portation order as may appear advisable.
Service of
deportation order, etc
109 (1) A
deportation order shall be served upon the person to whom it is directed by any
immigration officer or police officer.
(2) In every case where a deportation order is
served in accor dance with subsection (1), it shall be the duty of the
immigration officer
or police officer serving the order to inform in writ ing
the person upon whom the order is served of his right to sue out a writ
of
habeas corpus.
Duty to comply
with deportation order
110 (1) A
person in respect of whom a deportation order is made shall leave Bermuda in
accordance with the terms of the order, and shall
thereafter so long as the
order is in force re main out of Bermuda.
(2) Any person who contravenes subsection (1)
commits an of fence against this Act.
(3) Any person who returns to Bermuda in
contravention of a deportation order may again be deported under the original
order, and section
107 shall apply accordingly in respect of any such person.
Duty to afford
transportation of deportee to place outside Bermuda
111 (1) The
master of a ship or the commander of an aircraft about to call at any place
outside Bermuda shall, where arrangements have been
made for the reception of a
person to be deported, if so required by an immigration officer, receive that
person and his dependants
(if any) on board the ship or aircraft and shall
afford him and them a passage to that place and proper accommodation and
maintenance
during the jour ney.
(2) Any person who fails to comply with any
requirements duly given under subsection (1) commits an offence against this
Act.
(3) The Minister may apply any money of a person
charged which has been deposited with the Chief Immigration Officer under any
provision
of this Act, in payment of the whole or any part of the ex penses—
(a) of or incidental to his journey out of Bermuda;
and
(b) of the maintenance until the departure of the
person charged and his dependants (if any).
(4) Except so far as they are defrayed under
subsection (3), or under section 130(2)(c), any expenses incurred in the
administration
of this Part shall be paid out of the Consolidated Fund out of
moneys pro vided by Parliament for that purpose.
Harbouring
deportee
112 (1) Any
person who harbours any person who is in Bermuda in contravention of a deportation
order commits an offence against this Act:
Provided that it shall
be a good defence for a person charged with an offence under this section to
prove that he did not know,
and had no reasonable cause to suspect, that the
person harboured was a person who was in Bermuda in contravention of a
deportation
order.
Arrest of
person contravening, etc., Part VII
113 Any person who acts in contravention of
this Part, or is reason ably suspected of having so acted, or being about so to
act, may
be taken into custody without warrant by any im migration officer or
police officer.
Evidence in
proceedings taken under Part VII
114 In any proceedings taken under, or in
connection with, any pro vision of this Part—
(a) the burden of proof that a person charged is
exempted from the application of this Part by virtue of section 104, shall be
upon
such person;
(b) any document purporting to be a deportation
order shall, until the contrary is proved, be presumed to be such an order; and
(c) any deportation order shall be presumed, until
the con trary is proved, to have been validly made and to have been made on the
date
upon which it purports to have been made.
Duty of
Minister to inform Secretary to Cabinet of persons recom mended for depor tation
115 It shall be the duty of the Minister to
forward to the Secretary to the Cabinet for the information of the Governor the
name and
particulars of any person who should, in the opinion of the Minister, be
deported.
Duty of
Commissioner of Prisons to inform Chief Immigration Offi cer of persons de tained
who are liable to deportation
116 It shall be the duty of the Commissioner
of Prisons to forward to the Chief Immigra tion Officer, for the information of
the Minister
the name and particulars of any person committed to prison or to the
senior training school as a result of his conviction as soon
as may be after
such committal where, after reasonable enquiries, it appears to the Commis sioner
of Prisons that the person so
convicted is a person to whom this Part applies.
Governor to act
in his discretion in certain circumstances
117 Notwithstanding any provision of law to
the contrary, where the Governor is of the opinion that the exercise of any
power or the
discharge of any duty conferred or imposed by or under this Part
relates to matters for which he is responsible under section 62
of the
Constitution (which includes, amongst others, matters of external affairs and
internal secu rity)[title 2 item 1]
the Governor may exercise such power or discharge such duty act ing in his
discretion.
Provisions
relating to effect of deportation orders made under De portation Acts 1937 to
1939
118 [omitted]
PART VII
SUPPLEMENTAL,
ETC., PROVISIONS
Power of
Minister generally to make regulations
119 (1) Subject
to this Part the Minister may make regulations for administering this Act and
for giving effect to its objects, purposes
and intentions, or with respect to
any matter or thing which by or under this Act may be or is to be prescribed by
regulations
made by the Minister.
(2) Nothing in subsection (1) shall have effect
so as to authorize the Minister to make regulations in respect of any matter
where the
power to make statutory instruments is expressly conferred upon the
Governor.
General provisions relating to regulations
120 (1) Regulations
made in pursuance of any provision of this Act may require that the
regulations, or any part or extract therefrom, shall
be displayed in any
prescribed place.
(2) Regulations may provide for prescribing the
forms, notices or other documents to be used, and particulars to be given, in
connec
tion with this Act.
(3) Any person who contravenes any provision of
any regula tions made in pursuance of any provision of this Act or with any
order, direction
or requirement lawfully made, given or im posed by any person
under the authority of those regulations, commits an offence against
this Act:
Provided that where a
person engaged or employed in the ad ministration of such regula tions omits to
perform any duty imposed upon
him as such the omission shall not constitute an
offence against this Act.
(4) Regulations made in pursuance of any
provision of this Act, shall not, except as ex pressly provided in this Act,
prescribe any
charge or fee to be made or recovered in respect of any service
performed, or duty executed, or power exercised, or permit granted,
by or on
behalf of the Minister or person charged with the execution of this Act.
Notices, etc.,
to be in writing; form of notices, etc
121 (1) All
notices, orders, consents, demands and other docu ments authorized or re quired
by or under this Act or by or under any regulations
made thereunder to be
given, made or issued by the Minister, and all notices and applications
authorized or required by or under
this Act or by or under any such regulations
to be given or made to, or to any officer of the Depart ment shall, except
where otherwise
expressly pro vided, be in writing.
(2) Without prejudice to any provisions of this
Act specifying forms, provision may be made by regulations made under this Act
for prescribing
the form of any notice, order, certificate or other document to
be used for giving effect to any provision of this Act and, if forms
are so pre scribed,
those forms or forms to the like effect may be used in all cases to which those
forms are applicable.
(3) Notwithstanding anything in the foregoing
provisions of this section, where it ap pears to an officer of the Department
that it
is in the circumstances impracticable forthwith to give, make or issue
any notice, order, consent, demand or application in writing
the officer may
commu nicate, or allow to be communicated, the substance and effect of the no tice,
order, con sent, demand or
application orally, and in any such case such
notice, order, consent, demand or application shall be
deemed to have been duly given, made or issued; so, however, that it shall be
the duty of the person making any such oral communication
as aforesaid to
comply with subsec tion (1) and subsection (2) as soon as may be there after.
Authentication
of documents
122 (1) Any
notice, order, consent, demand or other document which the Minister is
authorized or required by or under this Act, or by or
under regulations made
thereunder, to give, make or issue may be signed on behalf of the Minister—
(a) by the Chief Immigration Officer; or
(b) by any other officer of the Department
authorized by the Minister in writing to sign documents of the particular kind
or, as the
case may be, the particular document.
(2) Any document purporting to bear the
signature of the Chief Immigration Officer or to bear the signature of an
officer duly authorized
by the Minister to sign such a document or the
particular document, shall, for the purposes of this Act, and of any
regulations
made in pur suance of any provision thereof, be deemed until the
contrary is proved, to have been duly given, made or issued by
or under the
authority of the Minister.
Service of
notices, orders, etc
123 Any notice, order, consent, demand or
other document which is required or autho rized by or under this Act to be
given to or served
on any person may, in any case for which no other provision
is made by this Act, be given or served—
(a) by delivering it to that person; or
(b) in the case of an immigration officer, by
leaving it at his office or sending it in a pre paid letter addressed to him at
his office;
or
(c) in the case of any other person, by leaving it,
or by sending it in a prepaid letter ad dressed to him, at his usual or last
known
residence; or
(d) in the case of a corporate body or other body
of persons, by delivering it to the sec retary or clerk thereof at their
registered
or principal office, or by sending it in a pre paid letter addressed
to the secretary or clerk at that of fice; or
(e) in the case of a document to be given to or
served on the owner or the occupier of any premises, if it is not practi cable
after
reasonable inquiry to ascertain the name and address of the person to or
on whom it should be given or served, or if the premises
are unoccupied, by ad dressing
it to the person concerned by the description of "owner" or
"occupier" of the
premises (naming them) to which it relates, and by
delivering it to some person on the premises, or, if there is no person on the
premises to whom it can be delivered, by affixing it, or a copy of it, to some
conspicuous part of the premises; or
(f) in the case of a person who is a passenger in
or a mem ber of the crew of, or any other person living on a ship, by
delivering it
to the master of the ship, or, in the ab sence of the master, by
delivering it to the next senior officer in charge of the ship.
Appeals to
Cabinet
124 (1) Without
prejudice to anything in section 10, where a person is aggrieved by any
decision of the Minister in respect of which an
appeal is expressly allowed by
any provision of this Act, he may, subject to the succeeding provisions of this
section, within
seven days of the service of any notice upon him communicating
that decision to him, appeal to the Cabinet by notice in writing
addressed to
the Secretary to the Cabinet; and the Cabinet shall, subject as hereafter pro vided,
determine any such appeal, and
may make such order as appears to him just; and
the Min ister shall govern himself accordingly.
(2) Where a person who is outside of Bermuda at
the time when he receives a notice communicating to him the decision of the
Minister
as aforesaid he shall be deemed to have duly lodged an appeal if he
despatches a notice in writing to the Secretary of the Cabinet
in the ordi nary
course of transmission by post within seven days of receiving the notice.
(3) Where, in respect of any decision of the
Minister, an appeal is allowed under this Act, the notice notifying the person
concerned
of the decision of the Minister in the matter shall also notify the
person that he has the right to appeal to the Cabinet, subject
to subsection
(1), and shall also notify the time within which he must lodge an appeal as pro vided
in subsection (1) or (2).
(4) Where a person lodges an appeal as provided
in subsection (1) (or as the case may be, in subsection (2)) he shall, at the
time of
so
doing, deposit with the Secretary to the Cabinet the sum of $120, and if the
Cabinet dismisses the appeal or the ap peal is abandoned,
that sum or such part
thereof as the Cabinet may determine shall be forfeited to Her Majesty and
shall be paid into the Consolidated
Fund; but if the Cabinet allows the appeal,
the said sum shall be repaid to the applicant:
Provided that
subsection (4) shall not apply to any appeal made under section 19.
(5) Where any person duly lodges an appeal as
provided in subsection (1) (or, as the case may be, subsection (2)), then the
decision
of the Minister in respect of which notice of appeal was given shall,
un less the Cabinet otherwise directs, remain in full force
and effect pending
the determination of the matter by the Cabinet and any contravention thereof
shall be punishable, and shall
give rise to the same liabilities, as if no
appeal had been lodged as aforesaid.
(6) The Cabinet may appoint, generally or
specially, an appeal tribunal consisting of not less than three of its members,
not including
the Minister, to hear and determine on its behalf any appeal
brought in accordance with this section (other than an appeal made
under
section 19). Any appeal tribunal so appointed shall have full power and
authority to regulate the proce dure upon the hearing
of the appeal and the
deter mination of the appeal tribunal thereon shall be deemed for all purposes
to be the determination of
the Cabinet.
Power to put questions and require production of documents,
etc
125 (1) Without prejudice to anything in
section 126, the Minister or any immigration of ficer or police officer, or any
other person
lawfully acting in the execution of any provision of this Act may—
(a) put any question to any person, being a
question rea sonably required in connection with the proper dis charge of their
or his functions
under this Act; and
(b) require any person to produce for inspection
any docu ment which he may have in his possession or under his control, being a
document
of which the inspection is reasonably re quired in connection with the
proper dis charge of such functions as aforesaid.
(2) Without prejudice to anything in section
133, any person who fails without lawful excuse (the proof of which shall be
upon him),
to answer fully and truthfully to the best of his knowledge and
belief any such question, or to produce for inspection any such
document, com mits
an offence against this Act.
(3) Any power to require the production of a
document for in spection shall be construed as including a power to take copies
of such
document, and to retain such document for a reason able time for such
purpose.
Power to enter
premises
126 (1) Subject
to this section, an immigration officer in possession of a warrant granted by a
Justice of the Peace under subsection (2)
shall be entitled to enter any
premises specified in the warrant, if need be by force, for the purpose of—
(a) ascertaining whether there is, or has been, on
or in con nection with the premises any contravention of this Act or of any
statutory
instrument in force thereunder, being provisions which it is the duty
of the Minister or of the Governor to enforce;
(b) ascertaining whether or not circumstances exist
which would authorize or require the Minister or the Governor to take any
action
under this Act or under any statutory instrument in force thereunder; or
(c) taking any action authorized, or required by
this Act, or any statutory instrument in force thereunder, or any or der or
direction
made or given in pursuance of any pro vision of this Act or of any
such statutory instrument, to be taken, or executed, by the Minister
or by the
Gov ernor.
(2) Where it is shown to the satisfaction of a
Justice of the Peace on sworn information in writing—
(a) that admission to any premises has been
refused, or that a refusal is reasonably ap prehended, or that the premises are
unoccupied
or that the occupier is tem porarily absent, or that the case is one
of urgency; and
(b) that there are reasonable grounds for entry
into the premises mentioned in subsec tion (1), the Justice of the Peace may by
warrant
under his hand authorize an im migration officer to enter the premises,
if need be by force:
Provided that a warrant
as aforesaid shall not be granted unless the Justice of the Peace is satisfied
either that notice of the
intention to apply for a warrant has been given to
the occu pier, or that the premises are unoccupied, or that the occupier is
temporarily absent, or that the
case is one of urgency, or that the giving of notice would defeat the object of
the entry.
(3) An immigration officer entering any premises
in execution of a warrant granted un der this section may take with him such
other
per sons as may be reasonably necessary in the circumstances; and on
leaving any unoccupied premises which he has entered in the
execution of a
warrant as aforesaid the immigration officer shall leave the premises as
effectually secured against trespassers
as he found them.
(4) A warrant granted under this section shall
continue in force until the purpose for which the entry is necessary has been
satisfied.
Records of
arrivals in and departures from Bermuda; evidence
127 (1) It
shall be the duty of the Minister to cause records to be kept and maintained of
the entry of all persons into Bermuda, and of
the departure of all persons from
Bermuda.
(2) Without prejudice to anything in the
Evidence Act 1905 [title 8 item 10],
any such record shall be re ceived in evidence in any court or in any tri bunal
whatsoever in Bermuda as evidence, prima fa cie,
of any entry or particular
entered therein.
Furnishing of
copies of Act, etc
128 It shall be the duty of any immigration
officer to furnish, on de mand and without charge, a copy of this Act and of
any statutory
in struments in force thereunder to the master or agent of any
ship.
Recovery of
amount of public charges incurred for per sons declared to be liable
129 Where any person is declared to be
financially responsible for any public charges incurred in respect of the
maintenance of any
other person, or of such person's subsequent repatriation,
removal or deporta tion from Bermuda, the public authority by which such
charges, or any part of such charges, were incurred may recover the amount of
such charges, or of that part thereof, whether or
not the amount claimed ex ceeds
$1,200, from such person before a court of summary jurisdiction in the manner
prescribed by the
Magis trates Act 1948 [title
8 item 15], for the recovery of a debt or liquidated demand.
Application of
money deposited with Chief Im migration Officer
130 (1) Where
under section 33(e) a sum of money has been de posited with the Chief
Immigration Officer in respect of any person (hereinafter
referred to as
"the person concerned") whether by himself or by any other person,
the Chief Immigration Officer shall
forthwith commu nicate in writing to the
person concerned or, if the money has been deposited by any other per son, then
to that
person, the substance of the provisions set out in subsection (2), and
the Chief Immigration Of ficer shall then as soon as may
be deposit the money
in the Consolidated Fund in accordance with such directions as may from time to
time be given in that behalf
by the Accoun tant General.
(2) With respect to any money deposited in the
Consolidated Fund as aforesaid the following provisions shall have effect—
(a) if the person concerned acquired Bermudian
status, then the money shall be repaid to the person who made the deposit on
application
by him to the Minister:
Provided that if at any time the Minister is satisfied that
having regard to the purposes of this Act it is no longer necessary to
retain
the money the money may by order of the Minister be paid to the person who made
the de posit before the person concerned
acquires Bermudian status;
(b) if public charges are incurred in respect of the
person concerned or his dependants the money may by order of the Minister be
applied
to or towards defraying such charges;
(c) if the person concerned is lawfully ordered or
required to leave Bermuda under any provi sions of this Act the money may by order
of the Minister be applied to or to wards defraying the expenses of or
incidental to provid ing transport to a place outside Bermuda
for the per son
concerned and his dependants; and any balance re maining shall be paid to the
person who made the de posit on the
departure of the person concerned from
Bermuda with his de pendents;
(d) if the person concerned by written notice to
the Minister giving such particulars as the Min ister may require, satisfies
the Minister
that he is about to leave Bermuda with his depen dants the money
shall be paid to the per son concerned on his departure from Bermuda
with his
dependants if he made the deposit, or, if the deposit was made by another
person, then the money shall be repaid to that
other person on the departure of
the
person con cerned from Bermuda with his dependants; and
(e) if the person concerned dies, the money may by
order of the Minister be applied to or towards defraying the ex penses of
providing
transport to a place outside Bermuda for the dependants of the person
concerned, or to or towards defraying any public charges in
respect of the per son
concerned or his dependants; or
(i) if the deposit was made by the person
concerned then any money remaining after the payment of charges (if any)
mentioned in the
foregoing pro visions of this paragraph may by order of the
Minister be withdrawn from the Consolidated Fund and deposited in the
Savings
Bank in the name of the es tate of the person concerned and in such case such
money shall be deemed to have been deposited
in the Savings Bank by the person
concerned and in his name and shall be dealt with accordingly as provided by
the law for the
time being relating to the Savings Bank [but see now Act 1974:109 under
which the Savings Bank was wound up]; and
(ii) if the deposit was made by another
person, then any money remaining after the payment of the charges (if any)
mentioned in the foregoing
pro visions of this paragraph shall be repaid to
that other person.
(3) No interest shall
be payable in respect of any money while it is deposited in the Con solidated
Fund.
(4) Where it is made to
appear to the Accountant General that there is no person to whom any sum of
money deposited under this sec
tion may be paid, or that any sums of money
have, after the lapse of a period of not less than seven years after the date
on which
they might be claimed, and after reasonable notice has been given in
the Gazette, re mained unclaimed, the Ac countant General may
direct that such
sum of money is to cease to be treated as a deposit to which this section
relates and is to be applied towards
the general revenue of Bermuda, or may di rect
that such sum of money or any part thereof be paid to any person who appears to
the Ac countant General to have a moral or equitable claim to such money; and
either such payment di rected as aforesaid shall be
final and conclusive:
Provided that in
special circumstances the Accountant General may direct that the amount of any
such sum of money or any part thereof
may subsequently be paid to any person
who appears to the Ac countant General to have a moral or equitable claim to
the amount
of such money notwithstanding that the amount of such sum has previ ously
been directed to be applied to the general revenue of
Bermuda.
(5) In this section any
reference to money deposited in the Con solidated Fund shall be construed as
meaning the balance at the
mate rial time of such money and any part of such
money
Determination
of nationality of alien, etc
131 For the purpose of this Act—
(a) where an alien is recognized as a national by
the law of more than one foreign country 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 foreign country with which
he appears to
be most closely connected for the time being in interest or sympathy or as
being of uncertain nation ality or of
no nationality:
Provided that where an alien acquired a nationality at birth he
shall (unless the Governor otherwise directs ei ther generally or
in the
particular case) be deemed to retain that nationality unless he has sub sequently
ac quired by naturalization or otherwise
some other nation ality, and is still
recognized by the Sovereign or country whose nationality he has acquired as
entitled to protec
tion; and
(b) where a deportation order is in force under
this Act against any person that person shall, unless the Gover nor otherwise
directs,
be deemed to retain his nationality as at the date of the making of
the deportation order, notwithstanding any intervening naturalization,
mar riage
or any other event.
General provisions regarding contraventions of Act and
statutory in struments
132 Without prejudice to any other provision
of this Act, any person
who contravenes
any provision of this Act or of any statutory instrument in force thereunder,
or who fails to com ply with any order,
demand, re quirement or direction
lawfully issued, made or given under this Act or under any such statutory
instrument, commits
an offence against this Act:
Provided that where a
person engaged or employed in the ad ministration of this Act omits to perform
any duty imposed upon him,
as such, the omission shall not constitute an
offence against this Act.
Obstruction of
persons acting in execution of Act
133 Any person who wilfully obstructs any,
other person who is act ing in the execution of this Act, or of any statutory
instrument
in force thereunder, commits an offence against this Act.
Offences
relating to false statements, use of false documents, etc
134 (1) Any person—
(a) who, in connection with the carrying into
effect of any of the purposes of this Act, makes or causes or allows to be made
any return,
statement or representation, which is false in a material
particular and which he knows to be false or which he does not believe
to be
true; or
(b) who, without lawful excuse (the proof of which
shall be upon him) alters or causes or allows to be altered any certificate or
other
document issued under this Act, or any entry in any document lawfully
made under or in accordance with this Act; or
(c) who, without lawful excuse (the proof of which
shall be upon him) uses or pos sesses, or causes or allows to be used or
possessed,
any forged, altered or irregular pass port, visa, certificate of
citizenship, travel document or other connected document, or any
endorsement on
any of such documents,
commits an offence
against this Act.
(2) Nothing in the foregoing provisions of this
section shall derogate from or abridge—
(a) any provision of the Criminal Code [title 8 item 31] which relates to
forgery; or
(b) any provision of the Passport Act 1932 [title 5 item 11].
Obligation of
secrecy
135 (1) No
immigration officer or other public officer acting in aid of an immigration
offi cer shall disclose, directly or indirectly,
to any person except—
(a) the Governor or a person authorized by him to
be privy to the information; or
(b) the Minister; or
(c) a member of the Board of Immigration; or
(d) any other officer of the Department being a
person whose duties, in the opinion of the Minister, make it necessary that he
should
be privy to the information,
any information
obtained by virtue of any provision of this Act, which shows or tends to show
the remuneration paid by any particular
em ployer to the persons or any of the
persons in his employ, or the other conditions of service of such persons.
(2) Any person who contravenes any of the
foregoing provisions of this section commits an offence against this Act.
Prosecution of
offences against Act
136 Offences against this Act shall be
prosecuted before a court of summary jurisdiction.
Restriction on
institution of prosecutions
137 Criminal proceedings in respect of an
offence against this Act shall not without the written consent of the
Attorney-General, be
insti tuted or carried on by or on behalf of any person
other than a party ag grieved or by or on behalf of the Minister or by or
on
behalf of a member of the Bermuda Police Service.
[section 137
amended by 1997:37 effective by notice in Official Gazette]
Arrest
138 Offences against this Act shall be such
that the offender may be arrested without warrant and sections 454 and 461 of
the Criminal
Code [title 8 item 31]
shall apply accordingly.
Time within which prosecutions may be instituted
139 Notwithstanding anything in any other provision
of law, a prose cution for an offence under this Act may be instituted at any
time
within the period of six months next succeeding the date on which the act
or omission constituting the offence first became known
to the informant in
the proceedings.
Conduct of
prosecutions
140 A prosecution for an offence against this
Act may be conducted before a court of summary jurisdiction by an immigration
officer
duly authorized by the Minister in that behalf.
Punishment for
offences against Act
141 (1) A
person who commits an offence against this Act shall be liable to the punish ments
set out in this section.
(1A) Punishment in respect of a first offence:
$5,000 or impris onment for 3 months or both such fine and imprisonment.
(1B) Punishment in respect of a second or
subsequent offence: $10,000 or imprisonment for 12 months or both such fine and
impris onment.
(1C) Punishment in respect of a continuing offence:
$500 for each day during which the offence continues.
(2) Nothing in the foregoing provisions of this
section shall ap ply or have effect so as to limit or restrict any punishment
which
may be imposed under the Criminal Code [title 8 item 31] in respect of an act or omission which, though
constituting an offence under this Act is prose cuted under the Criminal Code.
Offences by
bodies corporate
142 Where any body corporate is guilty of an
offence against this Act and that offence is proved to have been committed with
the consent
or connivance of or to be attributable to any ne glect on the part
of any di rector, manager or secretary or other similar officer
of the body
corpo rate or any person who was purporting to act in any such capacity, he, as
well as the body corpo rate, commits
that offence and shall be liable to be
proceeded against and punished accordingly.
Evidence in
proceedings taken under or in connection with Act
143 (1) In
any proceedings taken under, or in connection with, any provision of this Act—
(a) the burden of proof that any person has or had,
at any material time—
(i) a particular status for the purposes of
this Act; or
(ii) a particular nationality; or
(iii) a particular occupation, or, as the case
may be, no occupation,
shall be upon that person;
(b) any document purporting to set forth any order
or direc tion given under this Act shall be presumed, until the contrary is
proved,
to constitute any such order or di rection as aforesaid; and
(c) any order or direction given under this, Act
shall be pre sumed, until the contrary is proved, to have been validly given
and to
have been given on the date on which it purports to have been given.
(2) In this section any reference to the giving
of an order shall be construed as including a reference to the making of an
order, and
to the giving of a direction or a decision, and to the imposing of a
require ment.
Commencement of
Act
144 [omitted]
[this
Act was brought into operation on 1 July 1956 by SR&O 10/1956]
Repeal of Acts
145 [omitted]
Consequential
amendment of Acts
146 [omitted]
Transitory
provisions
147 [omitted]
SCHEDULES
FIRST
SCHEDULE A (Section 19(2))
Persons with a
Qualifying Bermudian Connection
1. For a person to have a qualifying
Bermudian connection under section 19 of this Act, he must fall within a class
of a description
set forth in paragraph 2; and those descriptions are subject
to paragraphs 3 and 4.
2. The classes of persons referred to are—
A a person who at any time answered one of the following
descriptions—
(a) he was
deemed to possess Bermudian status under subsection (2) of section 16 of this
Act;
(b) he was
deemed to be domiciled in Bermuda under paragraph (e) of subsection (1) of
section 5 of the Immigration Act 1937;
(c) he
would have qualified under (a) or (b) above had he been a Commonwealth citizen.
Note: a child
born out of wedlock is to be treated as legitimate if, by being so treated, he
will qualify through his mother under
(a) or (b) or (c) above;
B a person who at
any time possessed Bermudian status under this Act, except where his claim to
possess such status depends solely
on his rights under subsection (2) of
section 16 of this Act or under subsection (2) of section 4 of the Bermuda
Immigration and
Protection Amendment Act 1980;
C a person who at
any time had been deemed to be domiciled in Bermuda under the Immigration Act
1937 by reason of residence in Bermuda
for a number of years;
D a person who can
show that he has had an honest belief that he is Bermudian and who, in the
Minister's opinion, has conducted himself
in everyday life as Bermudian and has
been accepted by the community of Bermuda as possessing Bermudian status. In
forming that
opinion, the Minister must be of the view that the following
conditions are satisfied in relation to that person, that is to say,
that—
(a) although
not in law possessing Bermudian status—
(i) he has
worked in Bermuda free of control under Part V of this Act; or
(ii) he has
obtained ostensible title to land without being required to obtain a licence
from the Government; or
(iii) he has
voted in a general election in Bermuda without being challenged; and
(b) there is
other evidence indicating generally that he has been accepted as a person
possessing Bermudian status by persons dealing
with him.
3. The requirements specified in paragraph
2 must have been satisfied throughout the period mentioned in paragraph (b) of
subsection
(1) of section 19 of this Act.
4. In considering an application under
section 19 of this Act, the Minister shall apply the law in force at the time
he is considering
the application, whether or not that law is different from
the law in force at the time when any event or circumstance forming part
of the
facts underlying the application occurred.
[First Schedule A
inserted by 1994:23 effective 13 July 1994, and amended by 1997 : 33 effective
1 May 1998]
FIRST
SCHEDULE (Section 59)
Special Category
Persons
PART I
Persons in
Government Employment
1 Any person who is a public officer
within the meaning of section 102 of the Consti tution [title 2 item 1] or who is a judge of the Supreme Court or of the
Court of Appeal within the meaning of the Constitution.
2 Any
person who is employed in Bermuda by Her Majesty's Gov ernment in the United
Kingdom or who arrives in Bermuda as required by
any branch or department of
that Govern ment for the purpose of taking up any such employment.
3 Any person who is a member of Her
Majesty's Regular Forces or of any Reserve Force while embodied or mobilized,
or the armed forces
of any foreign country recognized by Her Majesty who is in,
or who arrives in, Bermuda in the course of his duty as such.
4 Any person who is the accredited
representative or agent of any part of Her Majesty's dominions.
5 Any person who is an officer or
servant of an international orga nization upon whom any immunities or
privileges are granted under
sec tion 1(2) of the International Or ganizations
Etc. (Immunities and Privi leges) Act 1948 [title
6 item 6], and who is in, or who arrives in, Bermuda for the purposes of
any such organization.
6 Any person who is a consular officer
of any foreign country, who is in, or who arrives in, Bermuda solely for the
purpose of discharging
his duties as such.
PART II
Persons not in
Government Employment
1 Any person who is a member of the crew
of any ship ordinarily engaged in ocean-going voyages to places outside
Bermuda.
2 Any person who is employed as a member
of the crew of aircraft ordinarily engaged in flights to places outside
Bermuda.
3 Any person who is engaged as a member
of the scientific or technical staff of the Bi ological Station maintained
under the Biological
Station Act 1927.
SECOND
SCHEDULE (Section 145)
Acts Repealed in
Whole
[omitted]
THIRD
SCHEDULE (Section 146)
Consequential
Amendment of Acts
[omitted]
FOURTH
SCHEDULE (Section 147)
Transitory
Provisions
[omitted]
[Amended by
1959 : 29
1959 : 74
1960 : 164
1961 : 1
1961 : 54
1961 : 145
1963 : 147
1966 : 129
1967 : 103
1968 : 48
1968 : 140
1968 : 295
1969 : 190
1969 : 669
1971 : 43
1971 : 82
1971 : 100
1971 : 116
1972 : 54
1972 : 154
1972 : 156
1977 : 26
1977 : 35
1980 : 31
1980 : 40
1981 : 59
1982 : 72
1984 : 20
1985 : 20
1987 : 35
1989 : 42
1993 : 51
1994 : 23
1995 : 36
1997 : 33
1997 : 37
1998 : 20]
Provisions which have affected the
Bermuda Immigration and Protection Act 1956
[nb. this section is not part of the
1956 Act]
Act No. 40 of 1980, section 4(2) provides—
"(2) Any woman
who was deemed to possess and enjoy Bermu dian status by virtue of subsection
(2) or, as the case may be subsection (3)
of section 16 of the principal Act,
on or before 1st May, 1980 shall continue to be deemed to possess and enjoy
that status in
accordance with the appropriate subsection of section 16
aforesaid as if this section had not been enacted and as if those subsections
had not been re pealed.".
Act No. 40 of 1980, proviso to section 7
provides—
"Provided that the section hereby repealed shall continue
to ap ply to a woman who, in accordance with subsection (2) of section
4 of
this Act, continues to be deemed to possess and enjoy Bermudian status
notwithstanding the repeal of subsections (2) and (3)
of section 16 of the
principal Act.".
Act No. 40 of 1980, proviso to section 8
provides—
"Provided that the paragraphs hereby deleted shall
continue to apply to any woman who, in accordance with section 4(2) of this
Act, continues to be deemed to possess and enjoy Bermu dian status
notwithstanding the repeal of section 16(2) and (3) of the principal
Act.".
[For texts see
Revised Laws Edition 1971]
Act No. 35 of 1987, proviso to section 10
provides—
"10 (1) Section 16(1((c) of the Interpretation Act
1951 notwith standing, where—
(a) immediately
before 9 July 1987 a person had an accrued right under the Bermuda Immigration
and Protection Act 1956 as then in force;
and
(b) but for this
section, that right has been abolished or re stricted by a provision of this
Act,
then, subject to this section, that right remains in full
force and effect on and after 9 July 1987 as if that provision had not
been
enacted.
(2) Subsection (1)
does not apply in relation to rights affected by section 4(a)(i) of this Act:
Provided that a person—
(a) in respect of
whom the decision to grant him Bermudian status under section 19 of the Bermuda
Immigration and Protection Act 1956
(as in force immediately before 9 July
1987) had been finally made before 9 July 1987; but
(b) to whom that
decision had not been notified before 9 July 1987,
shall for the purposes of subsection (1) be treated as if a
certificate of Bermudian status had actually been issued to him under
section
19(6) of the Bermuda Immigration and Protection Act 1956 before that date; and
such a person is entitled as soon as may
be after 9 July 1987 to have such a
certificate issued to him.
(3) If—
(a) a person had
before 9 July 1987, being then qualified to make application for the grant of
Bermudian status un der section 19 of
the Bermuda Immigration and Protec tion
Act 1956 as then in force, made such an application and paid the requisite
application
fee; and
(b) immediately
before 9 July 1987 a decision had not been finally made whether to ap prove or
reject his application; but
(c) by reason of the
operation of section 4(a)(i) and subsec tion (2) he no longer fulfills the
qualifications for the grant of Bermudian
status to him,
then he is entitled to the return of his application fee.
(4) Section 7A of
the Bermuda Immigration and Protection Act 1956 has effect in rela tion to any
right, hope, claim or expectation of
a kind described in section 7A(1)(a) and
(b) of the Bermuda Immigration and Protection Act 1956, whether that right,
hope, claim
or expectation allegedly arose before 9 July 1987 or allegedly
arises on or after 9 July 1987.".
[section 4(a)(i) of the Bermuda Immigration and Protection
Amendment Act 1987 amended section 19(1) of the Bermuda Immigration and
Protection Act 1956 as of 9 July 1987 by deleting the word "five" and
substituting the word "ten"]
Act No. 51 of 1993 s. 6 provides -
"6 (1) Notwithstanding the retroactive effect of
anything in this Act, nothing in this Act renders invalid or unlawful any thing
that was
done before commencement day by, or to, or in relation to, a person
whose personal status has been retroactively altered by this Act; and that
thing remains valid and lawful on and after that day
if—
(a) it was valid and
lawful when it was done; and
(b) it remained valid
and lawful until immediately before commencement day.
(2) "Commencement day" in subsection
(1) means the day on which this Act comes into operation.
(3) The reference in subsection (1) to the doing
of a thing includes a reference to the making of an omission."
Act No. 36 of 1995 ss. 3, 4 and 6 provide -
"3 Subject
to section 4 of this Act, section 3 of the 1956 Act is amended by adding the
following subsection—
" (3) Any
reference in this Act to a Commonwealth citizen shall be construed as including
a reference to a citizen of the Republic of
Ireland; and a citizen of that
Republic shall, whether or not a Commonwealth citizen, be treated for the
purposes of this Act as
if he were a Commonwealth citizen.".
4 Section 3
of this Act is deemed—
(a) to have come into
operation on the commencement of the 1984 Act; and
(b) to have ceased to
have effect immediately before the date of commencement of this Act, but
without prejudice to the continuance
in force on and after that date of any
rights—
(i) of any
person, being rights possessed, by virtue of section 3, and paragraph (a) of
this section, of this Act, immediately before
that date; or
(ii) of any
person, being rights derived through a person referred to in sub-paragraph (i)
of this paragraph."
6 Consequentially
upon sections 3 and 4 of this Act, in relation to a person referred to in either
of those sections (but in relation
to no other person), subsection (2) of
section 8 of the Parliamentary Election Act 1978 has effect in 1995 and 1996 as
if that
subsection were modified in the manner set forth in the Schedule to
this Act.
SCHEDULE (Section 6)
Modification of Section 8(2) of the
Parliamentary Election Act 1978 in relation to certain Persons
Subsection
(2) of section 8 of the Parliamentary Election Act 1978 is deleted and the
following subsection is substituted—
" (2) Subject to this section, the 15th day of
March 1995 is the qualifying date for the purposes of subsection (3) of section
55 of the
Constitution and of this Act for a parliamentary election at which
the date fixed for the poll falls within the period of twelve
months beginning
with the 16th day of June 1995.".
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