Bermuda Consolidated Legislation

BERMUDA
1952 : 54

UNITED STATES BASES (AGREEMENT) ACT 1952

ARRANGEMENT OF SECTIONS

PART I
Preliminary

1 Division of Act into Parts [omitted]

2 Interpretation

3 Proof of the Agreement

4 Proof of certain leases and surrenders

5 United States Authorities

6 Restriction on statutory powers of entry in respect of Leased Areas

7 Extinguishment of certain public rights in Leased Areas

PART II
Jurisdiction, legal proceedings and police powers

8 Jurisdiction of United States Government in respect of offences

9 Provisions with respect to discipline and administration of United States Forces

10 Provisions with respect to exercise of jurisdiction by courts of Bermuda

11 Immunities, etc of members of United States courts, etc

12 Presumption of validity of proceedings, sentences etc, of United States courts

13 Arrest of offenders and service of process

14 Surrender of offenders by United States Authorities

15 Provisions relating to proceedings of United States courts

16 Right of audience of United States counsel in courts of Bermuda

17 Imprisonment

18 Powers of United States constables

PART III
Fiscal provisions

19 Exemptions from customs duties and export duties in certain circumstances

20 Remission of customs duties where articles are supplied direct to United States Authorities, etc out of bonded warehouses etc

21 Special provisions relating to drawback of duty on bulk oil

21A Special provisions relating to drawback of duty on material, equipment, supplies and goods

22 Customs offences etc

23 Exemption of United States Government etc from stamp duties

24 Exemption from port dues and light tolls in respect of United States public vessels entering or leaving Leased Areas etc

25 Exemption of United States Government from fees for registration of dogs

26 [repealed]

27 Exemption of United States personnel from certain rates, fees etc

28 Exemption from fees on licences

PART IV
Application, modification and exclusion of particular provisions of law

29 Exemption from statutory provisions relating to immigration and deportation

30 Exemption from statutory provisions relating to employment etc

31 Provisions relating to practice of professions

32 Special provisions as to medical and dental practitioners

33 Exclusion of statutory provisions relating to development of land, building etc

34 Power of United States Authorities to make surveys

35 Provisions relating to importation of prohibited articles

36 Provisions relating to United States public vessels etc

37 Exclusion of Telecommunications Act 1986

38 Application of Post Office Act 1900

39 Exclusion of Firearms Act 1973

40 Application etc of statutory instruments made etc under Building Authority Act 1962 and Municipalities Act 1923,
with respect to dangerous commodities

41 Exclusion of Misuse of Drugs Act 1972 in case of drugs owned etc by United States Government

42 Exclusion of Pharmacy and Poisons Act 1979 in certain cases

43 Exclusion of Spirits Act 1890 and Immature Spirits Restriction Act 1921

44 Exclusion of miscellaneous regulations made under Building Authority Act 1962

45 Exclusion of Dogs Act 1978 in relation to dogs owned by United States

46 Exclusion of certain statutory provisions in case of sales at Post Exchanges etc

47 Provisions relating to deaths of members of United States Forces etc

48 Exclusion of Coroners Act 1938 with respect to fires in Leased Areas

49 Exclusion of Schools Act 1926 with respect to opening of new schools in Leased Areas

50 Exclusion of Amenities (Control of Ruinous Structures) Act 1950

51 Exclusion of Advertisements Regulation Act 1911 in relation to Leased Areas

52 Exclusion of Weights and Measures Act 1975 in respect of Leased Areas

53 Exclusion of Pedlars Act 1894 in Leased Areas

54 Exclusion of certain Acts with respect to service as jurors of members of United States Forces

55 Provisions with respect to compellability of expert witnesses who are members of United States Forces

56 Exclusion of Lotteries Act 1944 in relation to certain lotteries held in Leased Areas

PART V
Supplemental etc provisions

57 Provisions with respect to United States Forces outside Leased Areas

58 Regulations

59 Commencement [omitted]

60 [omitted]

SCHEDULE
(of repeals)
[omitted]

[16 July 1952]

[preamble and words of enactment omitted]

PART I
PRELIMINARY

Division of Act into Parts

1 [omitted]

Interpretation

2 (1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

"the Agreement" means the Agreement signed on the twenty-seventh day of March, nineteen hundred and forty-one, between the Governments of the United Kingdom and the United States of America relating to the Bases leased to the United States of America in certain territories, including Bermuda;

"the Bases" means the two Bases established in Bermuda in pursuance of the communications set out in Annex I to the Agreement, or either of such Bases;

"contractor" means a contractor employed by or on behalf of the Government of the United States of America in the construction, maintenance, or operation of the Bases;

"Leased Area" means any area in Bermuda in respect of which there is for the time being subsisting a lease entered into in pursuance of the communications set out in Annex I to the Agreement, or which by virtue of any Act is in the possession of the United States of America in anticipation of the execution of such a lease; or any area in Bermuda (not being such an area as aforesaid) which by or under the authority of any Act is leased or let to the Government of the United States of America for the purposes of the Bases and which is declared by the Governor by notice in the Gazette to be deemed to be a Leased Area for the duration of the tenancy:

Provided that for the purposes of this Act "Leased Area" shall not be construed as including the civil airport in St. George's
Parish as defined in the Civil Airports Act 1949;

"the United States Authorities" means the authority or authorities from time to time authorized or designated by the Government of the United States of America for the purpose of exercising the powers or enjoying the privileges in relation to which the expression is used;

"United States employee" means a person—

(i) who is a member of the United States Forces; or

(ii) who, though not a member of the United States Forces, is a person subject to United States military, naval or air force law; or

(iii) who is a civilian employee of the United States of America being a national of the United States of America, and who is serving or is employed on a whole time and permanent basis in connection with the construction, maintenance, operation or defence of the Bases;

"the United States Forces" means any of the active military, naval or air forces of the United States of America;

"United States public vessel" means a public vessel of the United States of America operated by the United States War, Navy or Air Force Department, or by the United States Coast Guard or by the United States Coast and Geodetic Survey;

"United States service court" means a military, naval or air force court of the United States of America.

(2) Any reference in this Act to any provision of law shall, unless the context otherwise requires, be construed as including a reference to that provision of law as from time to time amended or varied, and to any provision of law from time to time in force in its place.

(3) Any reference in this Act to any other Act shall be construed as including a reference to any statutory instrument made under that other Act.

Proof of the Agreement

3 It shall, prima facie, be proof of the terms of the Agreement to produce—

(a) a copy of the Gazette purporting to set forth such terms; or

(b) a document purporting to be printed under the authority of the Government of Bermuda or of the Government of the United Kingdom and purporting to set forth such terms; or

(c) a document purporting to set forth such terms and purporting to be certified as correct by the Deputy Governor.

Proof of certain leases and surrenders

4 (1) It shall, prima facie, be proof of the terms of any document to which this section relates, and of its due execution and validity, to produce—

(a) a copy of the Gazette purporting to set forth such terms; or

(b) a document purporting to be printed under the authority of the Government of Bermuda and purporting to set forth such terms; or

(c) a document purporting to set forth such terms and purporting to be certified as correct by the Deputy Governor.

(2) The documents to which this section relates are—

(a) any lease executed, whether before or after the commencement of this Act, under the Agreement;

(b) any plan or other document which is referred to in any such lease as containing the delineation or description of the property demised by such lease;

(c) any notice of abandonment given under Article XXI of the Agreement, either before or after the commencement of this Act, of the whole or any part of any area from time to time comprised in any such lease.

(3) A certificate signed by the Deputy Governor to the effect that any lease was executed under the Agreement shall be conclusive proof of that fact.

United States Authorities

5 (1) A notice published in the Gazette, a recital or statement in
any statutory provision, or a certificate given by or on behalf of the officer commanding the United States military forces in Bermuda or the officer commanding the United States naval forces in Bermuda or the officer commanding the United States air forces in Bermuda, to the effect that any authority or authorities has or have been authorized or designated for the purpose of exercising any power or enjoying any privilege conferred on the United States Authorities by or under this Act shall, prima facie, be evidence of the facts so notified, recited, stated or certified.

(2) Any document purporting to be issued by or on behalf of the officer commanding the United States military forces in Bermuda or the officer commanding the United States naval forces in Bermuda or the officer commanding the United States air forces in Bermuda, or by or on behalf of the United States Authorities, shall be received, prima facie, as proof that the document was so issued without proof given of the signature of the person signing such document,

(3) A reference in any notice, recital, statement, certificate or document, referred to in this section, to the title of any office under the Government of the United States of America shall be deemed to include a reference to any person for the time being lawfully performing the duties of that office.

Restriction on statutory powers of entry in respect of Leased Areas

6 (1) No public authority or person shall exercise any statutory power of entry into or within any Leased Area except with written or oral permission granted by or on behalf of the United States Authorities.

(2) In this section "statutory power of entry" means a power of entry (and of exercising or performing any power or duty following upon such entry), conferred expressly upon any public authority or person by any statutory provision from time to time in force,

Extinguishment of certain public rights in Leased Areas

7 Subject to the provisions of any agreement entered into by or on behalf of the Government of the United States of America—

(a) all rights of way and other like rights exercisable by members of the public in any area which is a Leased Area at the commencement of this Act are hereby extinguished; and

(b) all such rights so exercisable in any area which becomes a Leased Area after the commencement of this Act shall, subject to the provisions of the lease, be extinguished upon such area becoming a Leased Area.

PART II
JURISDICTION, LEGAL PROCEEDINGS AND POLICE POWERS1

Jurisdiction of United States Government in respect of offences

8 (1) In this section—

(a) "Commonwealth citizen" does not include a person who is both a Commonwealth citizen and a member of the United States Forces;

(b) "local alien" means a person, not being a Commonwealth citizen, a member of the United States Forces or a national of the United States of America, who is ordinarily resident in Bermuda;

(c) "security offence" means any of the following offences against the United States of America and punishable under the law thereof, that is to say—

(i) treason;

(ii) any offence of the nature of sabotage or espionage or relating to official secrets:

(iii) any other offence relating to operations in Bermuda of the Government of the United States of America, or relating to the safety of the Bases or any part thereof or relating so the safety of any equipment or other property in Bermuda of the United States of America;

(d) "state of war" means a state of actual hostilities in which either the Government of the United Kingdom or the Government of the United States of America is engaged and which has not been formally terminated, as by surrender;

(e) "United States interest offence" means an offence which (excluding the general interest of the Government of Bermuda in the maintenance of law and order therein)
is solely against the interests of the Government of the United States of America or against any person (not being a Commonwealth citizen or local alien) or property (not being property of a Commonwealth citizen or local alien) present in Bermuda by reason only of service or employment or of use in connection with the construction, maintenance, operation or defence of the Bases.

(2) The Government of the United States of America shall have the right to exercise the following jurisdiction in respect of offences committed in Bermuda, that is to say—

(a) where the accused person is a member of the United States Forces—

(i) if a state of war exists, then exclusive jurisdiction in respect of all offences wherever committed;

(ii) if a state of war does not exist, then exclusive jurisdiction in respect of security offences wherever committed and in respect of United States interest offences committed within a Leased Area, and concurrent jurisdiction in respect of all other offences wherever committed;

(b) where the accused person is a local alien and a civil court of the United States of America is sitting in Bermuda, then exclusive jurisdiction in respect of security offences committed within a Leased Area;

(c) where the accused person is not a member of the United States Forces, a Commonwealth citizen or a local alien, but is a person subject to United States military, naval or air force law—

(i) if a state of war exists, then exclusive jurisdiction in respect of security offences and United States interest offences committed within a Leased Area, and concurrent jurisdiction in respect of all other offences wherever committed;

(ii) if a state of war does not exist and there is no civil court of the United States of America sitting in Bermuda, then exclusive jurisdiction in respect of security offences which are not punishable under any provision of law which has effect for the time being in Bermuda and concurrent jurisdiction in respect of all other offences committed within a Leased Area;

(iii) if a state of war does not exist and a civil court of the United States of America is sitting in Bermuda, then exclusive jurisdiction in respect of security offences committed within a Leased Area, and concurrent jurisdiction in respect of all other offences wherever committed;

(d) where the accused person is not a member of the United States Forces, a Commonwealth citizen or a local alien, and is not a person subject to United States military, naval or air force law, and a civil court of the United States of America is sitting in Bermuda—

(i) if a state of war exists, then exclusive jurisdiction in respect of security offences committed within a Leased Area, and concurrent jurisdiction in respect of all other offences committed within a Leased Area and in respect of security offences committed outside a Leased Area;

(ii) if a state of war does not exist, then exclusive jurisdiction in respect of security offences committed within a Leased Area and concurrent jurisdiction in respect of all other offences committed within a Leased Area.

(3) Where, by virtue of subsection (2), the Government of the United States of America has the right to exercise exclusive jurisdiction in respect of security offences committed within a Leased Area, such right shall be deemed to extend to security offences committed outside a Leased Area where such security offences are not punishable under any provision of law.

(4) In every case in which by virtue of this section the Government of the United States of America has the right to exercise jurisdiction and the accused person is a local alien or, not being a local alien, is not a person subject to United States military, naval or air force
law, such jurisdiction shall be exercisable only by a civil court of the United States of America sitting in Bermuda.

(5) In every case in which by virtue of this section the Government of the United States of America has the right to exercise exclusive jurisdiction, the following provisions shall have effect, that is to say—

(a) the United States Authorities shall inform the Deputy Governor as soon as practicable whether or not they elect to exercise such jurisdiction in respect of any alleged offence which may be brought to their attention by the appropriate public authority or in connection with which the United States Authorities are requested by the Deputy Governor to furnish such information;

(b) if the United States Authorities elect to exercise such jurisdiction, the accused person shall be brought to trial accordingly, and jurisdiction shall not be exercised by any court of Bermuda except so far as that court may think fit, or be required, to exercise powers in aid of a court or authority of the United States of America;

(c) if the United States Authorities elect not to exercise such jurisdiction, and if it is agreed between the appropriate public authority and the United States Authorities that the alleged offender shall be brought to trial, then nothing in this section shall be construed so as to affect or abridge the exercise of jurisdiction by any court of Bermuda in respect of the offence.

(6) In every case in which by virtue of this section the Government of the United States of America has the right to exercise concurrent jurisdiction the following provisions shall have effect, that is to say—

(a) criminal proceedings shall be taken in such court (of Bermuda or of the United States of America) as may be arranged between the appropriate public authority and the United States Authorities;

(b) where an offence is within the jurisdiction of a court of Bermuda and also of a United States service court, then the conviction or acquittal of a person charged with that offence by or before either such court shall not operate so as to bar subsequent criminal proceedings against that person in the other court; but in the event of the subsequent conviction of that person of that offence by or before the other court then that other court shall, in imposing any sentence or otherwise disposing of the case, have due regard to any sentence imposed in the previous proceedings;

(c) where an offence is within the jurisdiction of a court of Bermuda and also of a civil court of the United States of America, then the conviction or acquittal of a person charged with that offence by or before either such court shall operate so as to bar any subsequent criminal proceedings against that person in the other court in respect of the same act or omission.

(7) Notwithstanding anything in this section, where a state of war exists in which the Government of the United Kingdom is, and the Government of the United States of America is not, engaged, then in any case in which the Government of the United States of America would, but for this subsection, have exclusive jurisdiction, that jurisdiction shall be concurrent in respect of any of the following offences against any part of Her Majesty's dominions committed outside a Leased Area, or if not punishable in Bermuda under the law of the United States of America, then committed within a Leased Area, that is to say—

(a) treason;

(b) any offence of the nature of sabotage or espionage or relating to official secrets;

(c) any other offence relating to operations, in Bermuda, of the Government of any part of Her Majesty's dominions, or to the safety of Her Majesty's naval, military or air bases or establishments or any part thereof, or other property in Bermuda of any such Government.

(8) Nothing in this section shall be construed so as to give the Government of the United States of America the right to exercise jurisdiction over any member of Her Majesty's Forces.

(9) For the avoidance of doubt it is hereby declared that nothing in this section shall affect the jurisdiction of a court of Bermuda except as expressly provided by this section.

Provisions with respect to discipline and administration of United States Forces

9 (1) United States service courts and the authorities of the
United States of America may exercise within Bermuda in relation to members of the United States Forces, in matters concerning discipline and internal administration, all such powers as are conferred upon them by or under the law of the United States of America:

Provided that, subject to section 8, nothing in this subsection shall be construed so as to affect the jurisdiction of any court of Bermuda to try a member of the United States Forces for any act or omission which constitutes an offence against the law of Bermuda.

(2) No claim in respect of pay, terms of service or discharge of a member of the United States Forces shall be entertained by any court of Bermuda.

Provisions with respect to exercise of jurisdiction by courts of Bermuda

10 (1) With respect to the exercise of the jurisdiction of a court of Bermuda in respect of criminal proceedings against members of the United States Forces or other persons subject to United States military, naval or air force law the following provisions of this section shall have effect.

(2) No summons or warrant in respect of any alleged offence shall, without the prior consent in writing of the Attorney-General, be issued by any court, magistrate, or justice of Bermuda against a member of the United States Forces or other person subject to United States military, naval or air force law at the instance of any person other than the Attorney-General or the Commissioner of Police.

(3) It shall be lawful for the Attorney-General, by notice in writing, to require that any criminal proceedings instituted in a court of Bermuda in respect of an act or omission of a member of the United States Forces or other person subject to United States military, naval or air force law shall be stayed until the termination of any proceedings which have been taken in respect of that act or omission in exercise of the jurisdiction conferred on the Government of the United States of America and which are pending in a court of the United States of America sitting in Bermuda and thereupon such proceedings shall be stayed accordingly.

(4) Whenever any proceedings in exercise of the powers referred to in section 9(1) in respect of any act or omission of a member of the United States Forces or other person subject to United States military, naval or air force law have terminated, the Attorney-General, by notice in writing, may require that any pending criminal proceedings against such member of the United States Forces or other person subject to United States military, naval or air force law before a court of Bermuda in respect of that act or omission be withdrawn, and thereupon the accused person shall be discharged and no further criminal proceedings in any court of Bermuda in respect of that act or omission shall be taken without the written consent of the Attorney-General.

Immunities, etc of members of United States courts, etc

11 The members of any court of the United States of America sitting in Bermuda and persons taking part in any proceedings in any such court shall enjoy the like immunities and privileges as are enjoyed by the members of like courts of Bermuda and by persons taking part in like proceedings in such courts.

Presumption of validity of proceedings, sentences etc, of United States courts

12 Where any sentence has been imposed upon any person by a court of the United States of America sitting in Bermuda then, for the purposes of any legal proceedings taken within Bermuda, the court shall be deemed to have been properly constituted, and its proceedings shall be deemed to have been regularly conducted, and the sentence shall be deemed to be within the jurisdiction of the court and in accordance with the law of the United States of America, and, if executed according to the tenor thereof, shall be deemed to have been lawfully executed; and any person who is detained in custody in pursuance of any such sentence, or pending the determination by such a court as aforesaid of the charge brought against him, shall for the purposes of any such proceedings as aforesaid be deemed to be in lawful custody.

For the purposes of any such proceedings as aforesaid a certificate under the hand of the United States Authorities to the effect that a person is being detained for either of the causes aforesaid shall be conclusive proof of the cause of his detention, and a certificate under the hand of the United States Authorities that the person or persons specified in the certificate constituted the court shall be conclusive proof of that fact.

Arrest of offenders and service of process

13 (1) In this section—

"Commanding Officer", in relation to a Leased Area, means the officer for the time being in command of the United States Forces in that Leased Area;

"process" includes any process issued in any civil or criminal proceedings for securing the attendance of a witness or the production of any document or article.

(2) Except as otherwise provided in this Act, no arrest shall be made, and no process shall be served, in a Leased Area without permission granted by or on behalf of the Commanding Officer.

(3) With respect to the service of process in a Leased Area the following provisions shall have effect, that is to say—

(a) if permission to effect service of process in a Leased Area is refused, service of that process may be effected by any person authorized in that behalf by or on behalf of the Commanding Officer, and it shall be presumed, unless the contrary is proved, that any person so effecting service was duly authorized;

(b) duplicate copies of any process to be served in accordance with this subsection shall be provided for the use of the Commanding Officer;

(c) without prejudice to any other method of proving service, proof of service effected in accordance with this subsection may be made by affidavit of the person effecting service sworn before an officer of the United States Army not below the rank of Captain or an officer of the United States Navy not below the rank of Lieutenant Junior Grade or an officer of the United States Air Force not below the rank of Captain; and any such affidavit purporting to be sworn before an officer of the United States Army, Navy or Air Force not below such ranks as aforesaid shall be presumed to have been so sworn unless the contrary is proved; and

(d) except as expressly provided in this subsection, nothing in this subsection shall be construed so as to validate any service of process or proof thereof which does not comply with any provision of law for the time being in force.

(4) A request for service of process in accordance with paragraph (2) of Article VI of the Agreement (reciprocal facilities as regards service of process and arrest of offenders) shall be transmitted, with copies in duplicate of the document to be served, to the appropriate officer (as hereinafter defined) and service of such document shall be effected and proved in the manner requested.

In this subsection, "the appropriate officer" means—

(a) where the person on whom the document to be served is a member of Her Majesty's Forces, the officer commanding Her Majesty's naval, military or air forces, as the case may be, in Bermuda;

(b) in any other case, the Commissioner of Police.

Surrender of offenders by United States Authorities

14 (1) Any person whose surrender is requested under arrangements made in pursuance of Article VIII of the Agreement (the surrender of offenders) may be arrested and surrendered in accordance with such arrangements and shall be deemed to be in lawful custody—

(a) while detained for the purpose of such surrender; and

(b) without prejudice to any statutory provision relating to release on bail, while detained after such surrender until the disposal of his case.

(2) Any document published in the Gazette and purporting to set forth arrangements made as aforesaid shall be presumed, unless the contrary is proved, to set forth such arrangements.

(3) Where an obligation arises under Article VI of the Agreement to arrest and surrender any person, then the surrender of that person shall, for the purposes of this section, be deemed to have been requested under the aforesaid arrangements.

Provisions relating to proceedings of United States courts

15 (1) Nothing in sections 115 to 134 inclusive of the Criminal Code (which sections relate to offences relating to the administration of justice) shall have effect in relation to any act or omission of a member of the United States Forces or other person subject to United States military, naval or air force law done or omitted to be done in connection with proceedings taken or to be taken before a court of the United States of America sitting in Bermuda.

(2) Nothing in the succeeding provisions of this section shall have effect in relation to members of the United States Forces or to other persons subject to United States military, naval or air force law.

(3) Any person—

(a) who, on being duly summoned, in accordance with
section 13(4), as a witness before a court of the United States of America sitting in Bermuda and after payment or tender (except where such person is a member of Her Majesty's Forces) of the reasonable expenses of his attendance, fails without reasonable excuse (the proof of which shall be upon him) to attend or remain in attendance until he is excused therefrom; or

(b) who, being in attendance as a witness—

(i) refuses to take an oath or make an affirmation lawfully required (according to the law of the United States of America) by such court to be taken or made; or

(ii) refuses to produce any document or article in his power or control lawfully required (according to the law of the United States of America) by such court to be produced by him; or

(iii) refuses to answer any question to which such court may lawfully require an answer according to the law of the United States of America,

commits an offence against this Act:

Punishment on summary conviction: a fine of $420.

Provided that a person shall not be guilty of an offence under this subsection—

(i) in respect of a refusal to take an oath as aforesaid if he objected to taking the oath either on the ground that he had no religious belief or on the ground that the taking of the oath was contrary to his religious belief; or

(ii) in respect of a refusal to answer any question or to produce any document or article as aforesaid which he could not be required to answer or produce in substantially similar proceedings before a court of Bermuda.

(4) Where in relation to any proceedings before a court of the United States of America it appears to the president of the court, or to the judge or other person constituting the court, that such offence as aforesaid has been committed, the president, judge or other person, may by certificate under his hand certify the circumstances to a magistrate, and thereupon a court of summary jurisdiction may deal with the alleged offence as if the certificate were an information duly laid under the Summary Jurisdiction Act 1930 [title 8 item 34].

(5) Where a person when examined on oath or affirmation in connection with any proceedings before a court of the United States of America sitting in Bermuda knowingly gives false testimony touching any matter which is material to any question then depending in that proceeding, or intended to be raised in that proceeding, he shall be deemed to commit the offence of perjury.

(6) For the avoidance of doubt it is hereby declared that any reference in sections 115 to 134 inclusive of the Criminal Code to a judicial proceeding shall be construed as including a reference to any proceeding had or taken in or before a court of the United States of America sitting in Bermuda.

(7) Where it appears that a person is guilty of any contempt towards a court of the United States of America sitting in Bermuda by using insulting or threatening language or by causing any interruption or disturbance in its proceedings, or by printing observations or using words likely to influence the members of, or witnesses before, such court, or to bring such court into disrepute, then the president of the court, or the judge or other person constituting the court, may by certificate under his hand certify the circumstances to the Registrar of the Supreme Court; and the Supreme Court may thereupon enquire into the matter and, after hearing any witnesses that may be called against or on behalf of the person so accused, and after hearing any statement that may be offered in defence, may if satisfied that the person so accused has been guilty of a contempt towards the court of the United States of America, deal with him in like manner as if he had been guilty of a contempt of the Supreme Court.

Right of audience of United States counsel in courts of Bermuda

16 (1) In any case in which a member of the United States Forces is a party to a civil or criminal proceeding in any court in Bermuda by reason of some alleged act or omission arising, or alleged to have arisen, out of or in the course of his official duty, then in any such case an authorized United States counsel (as hereinafter defined) shall, notwithstanding that he has not been admitted and enrolled as a barrister and attorney of the Supreme Court of Bermuda, have the right of audience and the right to do, in relation to the proceeding, all such things as might properly be done by a barrister and attorney of the Supreme Court.

(2) A certificate under the hand of the United States Authorities to the effect that any person named therein is an authorized United States counsel shall be accepted for all purposes as conclusive proof of that fact.

(3) In this section "authorized United States counsel" means United States counsel authorized to practise before any of the Federal or State Courts of the United States of America who is in the service of the Government of the United States of America and who has been appointed by the United States Authorities for the purpose of exercising generally or specially the rights conferred by this section.

Imprisonment

17 (1) The Governor may make arrangements with the United States Authorities for the reception, detention and imprisonment in any of Her Majesty's prisons of persons ordered to be detained in custody or sentenced to imprisonment (by whatever name called) by a court of the United States of America in exercise of its jurisdiction under this Act, for the treatment of such persons while so detained or imprisoned, for their release or their return to the United States Authorities, and for the manner in which they are to be dealt with in the event of their unsoundness of mind or other illness while so detained or imprisoned.

(2) Any arrangements made under subsection (1) shall have the force of law and, subject thereto, any statutory provision relating to Her Majesty's prisons, to the detention, imprisonment and treatment of persons therein, to the release of persons therefrom and to the manner in which persons detained therein are to be dealt with in the event of their unsoundness of mind or other illness, shall have effect as if the order made or sentence passed on any person detained or imprisoned in pursuance of such arrangements had been made or passed by a court of Bermuda.

(3) Any document published in the Gazette and purporting to set forth arrangements made as aforesaid shall be presumed, unless the contrary is proved, to set forth such arrangements.

Powers of United States constables

18 (1) Without prejudice to section 9(1), a United States constable shall have—

(a) within a Leased Area, all the powers and privileges of a police officer; and

(b) within a Leased Area, and elsewhere in Bermuda on a fresh pursuit from any such area, power to arrest without warrant any person who he has reasonable cause to believe has committed an offence with respect to which the Government of the United States of America has jurisdiction by virtue of section 8.

(2) A United States constable effecting an arrest in any case where the person arrested is not released forthwith and is not to be dealt with by a court of the United States of America, shall without delay, and in any event within twenty-four hours, deliver him in custody, or cause him to be delivered in custody by another United States constable, to a police officer, and thereupon he shall, for the purposes of any provision of law, be treated as if he had just been arrested by a police officer.

(3) Where any person, having been duly arrested in accordance with this section, is detained by a United States constable or by a police officer he shall be deemed to be in lawful custody until his case is disposed of or he is sooner released.

(4) Any person who, not being a United States constable, without lawful excuse, the proof of which shall be upon him—

(a) puts on or assumes, either in whole or in part—

(i) the dress, name or appearance of a United States constable; or

(ii) any dress, name or appearance resembling or intended to resemble that of a United States constable; or

(b) makes use of any article or document used for identifying a United States constable, or any article or document resembling or intended to resemble any such article or document; or

(c) in any way pretends to be a United States constable in connection with the doing of any act which a United States constable is by virtue of this section authorized to do,

commits an offence against this Act:

Punishment on summary conviction: imprisonment for 6 months or a fine of $1,680 or both such imprisonment and fine.

(5) A certificate under the hand of the United States Authorities to the effect that any person named therein is a United States constable shall be accepted for all purposes as conclusive proof
of that fact.

(6) In this section "United States constable" means—

(a) any member of a civil police force established by the Government of the United States of America and authorized by that Government to exercise police powers in a Leased Area; or

(b) any member of a force of United States military, naval or air police; or

(c) any member of the United States Forces for the time being exercising police powers under the authority of the United States Authorities.

PART III
FISCAL PROVISIONS

Exemptions from customs duties and export duties in certain circumstances

19 (1) Notwithstanding anything contained in the Revenue Act 1898 [title 14 item 10], or in any Customs Tariff Act or other statutory provision from time to time in force whereby customs duties (which expression includes any taxes, duties or imposts on the importation of articles into Bermuda) are imposed—

(a) material, equipment, supplies or goods for use in the construction, maintenance, operation or defence of the Bases, consigned to, or destined for, the United States Authorities or a contractor; and

(b) goods for use or consumption aboard United States public vessels; and

(c) goods consigned to the United States Authorities for the use of institutions under the control of the Government of the United States of America known as Post Exchanges, Ships' Service Stores, Commissary Stores or Service Clubs, or for sale thereat to United States employees or to members of their families resident with them and not engaged in any business or occupation in Bermuda, or to such other persons as may, in pursuance of an agreement between the Governor and the United States Authorities, be specified in regulations made under this Act; and

(d) goods belonging to—

(i) United States employees or members of their families resident with them and not engaged in any business or occupation in Bermuda; or

(ii) contractors and their employees being nationals of the United States of America employed in the construction, maintenance or operation of the Bases and present in Bermuda by reason only of such employment,

being their personal belongings and household effects (which expression is hereby declared not to include consumable goods and to include only goods owned by such persons at the time of their first arrival in Bermuda in the capacity in question, whether imported at that time or otherwise); and

(e) goods, other than goods to which paragraph (d) applies, which, on importation into Bermuda, the United States Authorities are satisfied—

(i) belong to or are gifts intended for United States employees, or members of their families resident with them and not engaged in any business or occupation in Bermuda; and

(ii) [repealed by 1985:22]

(iii) are for the personal use of the person for whom, as owner or donee, they are imported; and

(f) consumable goods, sports equipment and clothes which are the property of the United States of America and which are consigned to or destined for the United States Authorities, being goods which are solely for the use (whether on payment or otherwise) of United States employees, but are not for sale at a profit; and

(g) consumable goods, sports equipment and clothes owned by, and consigned to or destined for, a contractor, being goods which are solely for the use (whether on payment or otherwise) of nationals of the United States of America employed by him in the

construction, maintenance or operation of the Bases, but are not for sale at a profit,

shall on their importation into Bermuda be admitted free of customs duties whether or not such material, equipment, supplies or goods pass through any other part of Bermuda en route to a Leased Area.

(1A) Without prejudice to subsection (1), any goods to which subsections (1) (c), (d) and (e) apply shall remain free from customs duties if they are disposed of by the owner to a person mentioned in subsection (1) (d).

(2) Notwithstanding anything contained in any Customs Tariff Act or other statutory provision from time to time in force whereby export duties (which expression includes any taxes, duties or imposts on the exportation of articles from Bermuda) are imposed, no export duties shall be payable on material, equipment, supplies or goods, which have been admitted free of customs duty under subsection (1) in the event of their re-shipment from Bermuda, whether or not they pass through any other part of Bermuda en route from a Leased Area.

(3) In this section "consumable goods" means food liquor, beverages, cigars, cigarettes, tobacco and other consumable goods.

(4) [repealed by 1985:22]

Remission of customs duties where articles are supplied direct to United States Authorities, etc out of bonded warehouses etc

20 Where as respects any goods being goods which fall within the description set out in paragraph (a), (b) or (c) of section 19(1), section 19(1) does not apply by reason only that the goods are not consigned or destined as mentioned in those paragraphs, such goods shall nevertheless be free of customs duties (as defined in section 19(1) ) if the following conditions are satisfied, that is to say—

(a) the goods must be delivered by the consignee or his assigns to the United States Authorities or a contractor or on board a United States public vessel; and

(b) the goods must be delivered under the supervision of the Customs Department directly to the United States Authorities, or to the contractor, or directly on board the United States public vessel, out of the ship or aircraft in which they were brought to Bermuda, or out of a customs warehouse or bonded warehouse or other place where they were being kept under customs supervision prior to entry and payment of duty; and

(c) such certificates, receipts or other documents must be furnished by the person delivering the goods as the Collector of Customs may require.

Special provisions relating to drawback of duty on bulk oil

21 (1) In this section "oil" means petrol, gasoline, kerosene, diesel oil, fuel oil and lubricating oil; and "bulk oil" means any such oil which is stored in bulk in an oil tank, or is contained in a sealed drum or container of a capacity of not less than forty Imperial gallons.

(2) In any case where by the production of certificates, receipts or otherwise the Collector of Customs is satisfied—

(a) that an ascertained quantity of bulk oil has been supplied by the person who imported it to the United States Authorities or to a contractor or to a United States public vessel; and

(b) that the bulk oil supplied as aforesaid, if it had been consigned or destined as mentioned in paragraph (a), (b) or (c) of section 19(1), would have been admitted free of customs duties by virtue of those paragraphs; and

(c) that the appropriate customs duties have been paid in respect of the bulk oil supplied as aforesaid,

then in any such case the Collector of Customs shall refund to the importer the amount of the customs duties paid by him in respect of such bulk oil.

Special provisions relating to drawback of duty on material, equipment, supplies and goods

21A In any case where by the production of certificates, receipts or otherwise the Collector of Customs is satisfied—

(a) that an ascertained quantity of material, equipment, supplies or goods has been supplied by the person who imported it to the United States Authorities or to a contractor or to a United States public vessel; and

(b) that the material, equipment, supplies or goods supplied as mentioned in paragraph (a), if they had been consigned or destined as mentioned in paragraphs (a),(b) or (c) of section 19 (1), would have been admitted free of customs duties by virtue of those paragraphs; and

(c) that the appropriate customs duties have been paid in respect of the material, equipment, supplies or goods supplied as mentioned in paragraph (a),

then in any such case the Collector of Customs shall refund to the importer the amount of customs duties paid by him in respect of such material, equipment, supplies or goods.

Customs offences etc

22 (1) Any person—

(a) who purchases any article which, by virtue of paragraph (c) or paragraph (f) or paragraph (g) of section 19(1), has been admitted free of customs duties, and who is not entitled to purchase that article, under (as the case may be) paragraph (c), paragraph (f) or paragraph (g) of section 19(1); or

(b) who purchases an article which by virtue of any other provision of section 19(1) has been admitted free of customs duties; or

(c) who, unless he is such a person as is referred to in paragraph (c) of section 19(1) and is purchasing the article at one of the institutions mentioned in that paragraph, purchases an article which by virtue of section 20 has been delivered free of customs duties to the United States Authorities; or

(d) who, unless he is such a person as is referred to in paragraph (c) of section 19(1) and is purchasing the oil at one of the institutions mentioned in the that paragraph, purchases any oil in respect of the supply of which section 21 (payment of drawback of customs duties) have become applicable,

commits an offence against this Act:

Punishment on summary conviction: imprisonment for 6 months or a fine of $8,400 or both such imprisonment and fine.

Punishment on conviction on indictment: imprisonment for 3 years or a fine of $16,800 or five times the value of the article or oil so purchased, whichever is the greater, or both such imprisonment and fine.

Provided that it shall be a defence to a charge under this section for the accused person to prove that he did not know and had no reason to believe that the article so purchased had been admitted or delivered free of customs duties as aforesaid, or that the oil so purchased was oil in respect of the supply of which section 21 had become applicable.

(2) For the purposes of this section—

(a) the value of any article shall be deemed to be the rate or price at which articles of the like kind upon which all customs duties had been paid, were sold at or about the time of the commission of the offence, or according to the rate or price at which articles of the like kind were sold in bond at or about the time of the commission of the offence, with all customs duties thereon added to such rate or price in bond, and the value of oil in respect of which an offence against this section has been committed shall be calculated in a similar manner; and a certificate in writing signed by or on behalf, of the Collector of Customs shall, prima facie, be proof of the value of the article or oil;

(b) any acquisition for valuable consideration and any hiring shall be deemed to be a purchase.

(3) In any criminal proceedings taken in respect of an offence against this section—

(a) if evidence is adduced by the prosecution of facts which create a reasonable suspicion that the article in respect of which the criminal proceedings have been taken is an article which was admitted free of customs duties by virtue of section 19, or an article delivered free of customs duties by virtue of section 20, it shall be presumed, unless the contrary is proved, that such article was so admitted or delivered;

(b) it shall be presumed, unless the contrary is proved, that any article proved to have been in the possession or under the control of any person was acquired by him for valuable consideration.

This subsection shall apply, with necessary modifications, in the case of criminal proceedings taken under subsection (1)(d) in respect of the purchase of oil.

(4) The Collector of Customs, or any customs officer authorized by him in that behalf may accept payment, by any person
who admits that he has committed an offence against this section, of a penalty not greater than the maximum fine which could have been imposed on conviction on indictment for that offence.

Acceptance of such a penalty as aforesaid shall be a bar to any criminal proceedings in respect of the offence.

(5) Section 98 of the Revenue Act 1898 (powers of search) [title 14 item 10], shall apply in relation to any article or oil in respect of which it is reasonably suspected that an offence against this section has been committed, as it applies in relation to goods reasonably suspected to be smuggled goods.

(6) Any customs officer may stop and examine any vehicle or boat in order to ascertain whether any article or oil in respect of which an offence against this section has been committed is contained therein; and if no such article or oil is found the customs officer shall not on account of the stoppage and examination be liable to any prosecution or action at law; and if the driver or person in charge of any vehicle or boat refuses to stop or allow such examination when required by a customs officer, he commits an offence against this Act:

Punishment on summary conviction: a fine of $1,680.

(7) If any customs officer has reasonable cause to suspect that any person is carrying or has about his person any article or oil in respect of which an offence against this section has been committed, the customs officer may detain and search that person; and no customs officer shall be liable to any prosecution or action at law on account of any such detention or search:

Provided that—

(a) a suspected person may require to be taken with all reasonable despatch before a Collector of Customs or other senior customs officer authorized in that behalf by a Collector of Customs; and the Collector of Customs or senior customs officer may direct that he be searched or may release him without search; and

(b) where a suspected person is a woman or girl a search shall not be carried out except by a woman appointed for the purpose by a Collector of Customs.

(8) Where any customs officer, whether acting in pursuance of subsection (5) or (6) or (7) or not, discovers any article or oil in respect of which he has reasonable cause to suspect that an offence against this section has been committed, he may seize the article or oil together with any documents or articles which in his opinion may go to prove the commission of the offence.

(9) Where any person is convicted of an offence against this section or is dealt with by the Collector of Customs or other customs officer under subsection (4), then any article or oil in respect of which the offence was committed shall be forfeited.

(10) Any power that may be exercised by a customs officer by virtue of this section may be exercised by a police officer; and in connection with the exercise of any such power a police officer shall enjoy the like immunity as a customs officer.

(11) Notwithstanding anything in this section, the purchase of any article or oil shall not constitute an offence against this Act—

(a) if the purchase is made under the authority of any general or special authorization in writing given by the Collector of Customs; and

(b) if any terms and conditions as to the payment of customs duty or otherwise which may be imposed by the Collector of Customs in giving any such general or special authorization are duly fulfilled.

Exemption of United States Government etc from stamp duties

23 (1) Stamp duty shall not be payable under the Stamp Duties Act 1976 [title 14 item 24], on any instrument drawn, made or executed—

(a) by or on behalf of the Government of the United States of America solely in connection with the construction, maintenance, operation or defence of the Bases; or

(b) by a person ordinarily resident in the United States of America solely in respect of any service or work performed for or on behalf of the Government of the United States of America in connection with the construction, maintenance, operation or defence of the Bases,

where, by reason of any statutory provision in force, or by reason of any custom prevailing in Bermuda, or by reason of any agreement made by the Government of the United States of America whether in Bermuda or elsewhere, such stamp duty would otherwise be a charge on the Government of the United States of America.

(2) [repealed by 1972:92]

(3) Stamp duty shall not be payable—

(a) on any affidavit relating to the service of process made in pursuance of section 13(3)(c); or

(b) on any affidavit relating to the service of any document requesting the service of process as mentioned in section 13(4).

Exemption from port dues and light tolls in respect of United States public vessels entering or leaving Leased Areas etc

24 United States public vessels bound to or departing from a Leased Area—

(a) shall not be subject to port dues under the Municipalities Act 1923 [title 4 item 1];

(b) shall not be subject to light tolls under the Marine Board Act 1962 [title 22 item 3],

on entering or leaving a Leased Area or the territorial waters in the vicinity thereof.

Exemption of United States Government from fees for registration of dogs

25 No fee shall be payable under the Dogs Act 1978 [title 25 item 17], in respect of the registration or re-registration of any dog or bitch which is the property of the United States of America and which is in Bermuda solely in connection with the maintenance, operation or defence of the Bases.

26 [repealed by 1971:116]

Exemption of United States personnel from certain rates, fees etc

27 (1) [omitted] [spent]

(2) No person to whom this section applies shall be liable to pay any fees under the Dogs Act 1978 [title 25 item 17], in respect of the registration or re-registration of any dog or bitch kept solely within a Leased Area.

(3) No tax or duty shall be payable under the Auctioneers Act 1955 [title 14 item 28], on any personal property sold at a public auction held within a Leased Area if the following conditions are fulfilled, that is to say—

(a) the person selling the property at auction or, as the case may be, in his capacity as an auctioneer, must be a person to whom this section applies; and

(b) every person attending the sale must be a person to whom this section applies.

(4) No fee shall be payable by any person to whom this section applies in respect of any licence issued to him in the circumstances mentioned in section 28(2).

(5) In this section "person to whom this section applies" means—

(a) a person such as is described in paragraph (1) of Article XVII of the Agreement, that is to say, any member of the United States Forces or national of the United States of America, serving or employed in Bermuda in connection with the construction, maintenance, operation or defence of the Bases and residing in Bermuda by reason only of such employment, or the wife or minor child of any such person; or

(b) a person who, though not a member of the United States Forces, is a person subject to United States military, naval or air force law, serving or employed in Bermuda in connection with the construction, maintenance, operation or defence of the Bases and residing in Bermuda by reason only of such employment, or the wife or minor child of any such person.

Exemption from fees on licences

28 (1) Notwithstanding any statutory provision to the contrary, if it is shown to the satisfaction of any public authority authorized to issue a licence under any statutory provision that any person ordinarily resident in the United States of America requires a licence to enable him to perform any service or work for the Government of the United States of America in connection with the construction, maintenance, operation or defence of the Bases, then the public authority shall issue a licence to that person free of charge; but such person shall not thereby be authorized to do or omit anything except in relation to such service or work as aforesaid.

(2) Notwithstanding any statutory provision to the contrary, where it is shown to the satisfaction of any public authority authorized

to issue a licence under any statutory provision that any such person as is described in Article XVII of the Agreement (that is to say, a member of the United States Forces or national of the United States, serving or employed in Bermuda in connection with the construction, maintenance or defence of the Bases, and residing in Bermuda by reason only of such employment, or the wife or minor child of any such person) requires a licence to own or use any property, then the public authority may issue under that statutory provision a licence to that person to own or use such property solely within a Leased Area; and if any such licence is issued, it shall be issued free of charge and such person shall not thereby be authorized to own or use such property outside the Leased Area.

(3) A public authority issuing a licence free of charge by virtue of this section shall cause an endorsement to be made thereon setting out the limitation to which the authority granted by the licence is subject.

PART IV
APPLICATION, MODIFICATION AND EXCLUSION OF PARTICULAR PROVISIONS OF LAW

Exemption from statutory provisions relating to immigration and deportation

29 (1) Subject to the provision of this section—

(a) nothing in the Bermuda Immigration and Protection Act 1956 [title 5 item 16], shall apply or have effect so as to prevent or restrict the admission into, or residence in, Bermuda of any person shown to the satisfaction of the Minister responsible for immigration affairs and related matters to be a member of the United States Forces posted to a Leased Area or a person (not being a national of a Power at war with Her Majesty) employed by, or under a contract with, the Government of the United States of America in connection with the construction, maintenance, operation or defence of the Bases; and

(b) nothing in the Bermuda Immigration and Protection Act 1956 [title 5 item 16], shall apply or have effect so as to authorize the deportation of a person who has been admitted to Bermuda by virtue of paragraph (a).

(2) If the status of any person who has been admitted into Bermuda by virtue of subsection (1)(a) is changed so that person if he were seeking admission to Bermuda would no longer be entitled thereto by virtue of subsection (1)(a), then that person shall become subject to the Bermuda Immigration and Protection Act 1956 [title 5 item 16], in every respect as if he had not been admitted into Bermuda by virtue of subsection(1)(a).

Exemption from statutory provisions relating to employment etc

30 Without prejudice to section 31, nothing in the Bermuda Immigration and Protection Act 1956 [title 5 item 16], shall apply or have effect so as to restrict or regulate the employment or occupation of any person shown to the satisfaction of the Minister responsible for immigration affairs and related matters to be a member of the United States Forces or a person employed by, or under a contract with, the Government of the United States of America in connection with the construction, maintenance, operation or defence of the Bases, where such employment or occupation is solely attributable to the fact that he is a member of the United States Forces or is employed as aforesaid.

Provisions relating to practice of professions

31 (1) Nothing in any Act shall apply or have effect so as to prevent any person employed by the Government of the United States of America—

(a) from rendering professional services—

(i) only for that Government within a Leased Area; or

(ii) in the course of such employment, to any United States employee or member of his family resident with him and not engaged in any business or occupation in Bermuda; or

(iii) to or for any person or class of persons with the approval of and subject to any conditions which may be specified by, the Governor; or

(b) from taking or using any title or designation which under the law of the United States of America for the ime being in force, he is entitled to take or use:

Provided that no person so employed by the Government of the United States of America shall hold himself out as registered or enrolled under any Act unless he is in fact so registered or enrolled.

(2) Nothing in this section shall be construed so as to extend the right of audience in the courts of Bermuda conferred upon United States counsel by section 16.

Special provisions as to medical and dental practitioners

32 (1) Any reference in any statutory provision to a medical practitioner or to a registered medical practitioner shall be construed as including a reference to any person rendering services as a medical practitioner or surgeon in accordance with section 31 :

Provided that nothing in this subsection shall be taken to imply that any such person is registered under the Medical Practitioners Act 1950 [title 30 item 8], unless he is actually so registered.

(2) Any reference in any statutory provision to a dental practitioner or to a registered dental practitioner shall be construed as including a reference to any person rendering services as a dental practitioner or dental surgeon in accordance with section 31:

Provided that nothing in this subsection shall be taken to imply that any such person is registered under the Dental Practitioners Act 1950 [title 30 item 4], unless he is actually so registered.

(3) Any certificate issued by any person rendering services as a medical practitioner, surgeon, dental practitioner or dental surgeon in accordance with section 31 shall have the like force and effect for all purposes as if it had been issued by a registered medical practitioner or, as the case may be, by a registered dental practitioner.

(4) Notwithstanding anything in this section, nothing in section 100 of the Public Health Act 1949 [title 11 item 1] (which specifies the procedure required to be followed by a medical practitioner other than a Government Medical officer in connection with the treatment of venereal disease) shall apply in relation to the treatment of a member of the United States Forces by a person rendering services as a medical practitioner in accordance with section 31.

Exclusion of statutory provisions relating to development of land, building etc

33 Nothing in any statutory provision from time to time in force relating to the development of land, or to the erection, construction or alteration of buildings or to the laying out, maintenance or improvement of roads, shall have effect so as to prevent, restrict or regulate the exercise by the Government of the United States of America, in accordance with the Agreement, of the rights, power and authority conferred thereby.

Power of United States Authorities to make surveys

34 (1) In any case where the United States Authorities notify the Governor of their wish to make any such topographic or hydrographic survey as is contemplated by Article X of the Agreement, any member of the United States Forces, or any civilian employee thereof, or any other person designated for the purpose by agreement between the Governor and the United States Authorities, may enter upon any land or other premises and may make such a survey accordingly, and may do all such things as may be incidental to the survey, including the cutting of sightways or traces and the placing or erection of beacons, posts, stones or marks:

Provided that no person shall enter on land or other premises in private occupation for the purpose of exercising the powers conferred by this subsection unless not less than three days' prior notice in writing of the intention to exercise such powers has been given by or on behalf of the Deputy Governor to the occupier (if any) thereof.

(2) The notice in writing referred to in subsection (1) may be served personally or by letter addressed to the occupier of the land or other premises at his usual or last known place of abode or business, or (if service in any such manner is impracticable) by posting up or affixing the notice in some conspicuous place on the land or premises.

(3) Any person who in any way wilfully obstructs or hinders any other person lawfully exercising the powers conferred by subsection (1) commits an offence against this Act:

Punishment on summary conviction: a fine of $168.

Provided that an occupier of any land or other premises or his servants or agents shall not be guilty of an offence against this section in any case where a person exercising the powers conferred by this section does not upon demand produce an instrument of authority under the hand of the United States Authorities.

(4) Compensation shall be payable out of the Consolidated Fund for damage or injury resulting from the exercise or purported exercise of the powers conferred by subsection (1); and the amount of the compensation shall be as agreed between the Minister responsible for Works and Engineering and related matters and the person affected by the damage or injury, or, in default of such agreement, may be adjudged (without limit of amount) in an action brought by such person against the Minister responsible for Works and Engineering and related matters before a court of summary jurisdiction in the manner provided

by the Magistrates Act 1948 [title 8 item 15]:

Provided that compensation under this subsection—

(a) shall not be payable for any damage or injury in respect of which the person affected thereby has accepted or agreed to accept compensation from the Government of the United States of America or from the United States Authorities; and

(b) shall not be awarded by the court unless proceedings are commenced within twelve months or such extended period as the court may in any special case allow, after the date upon which the damage or injury was caused.

Provisions relating to importation of prohibited articles

35 (1) Where by any statutory provision the importation into Bermuda of any article or thing is prohibited either absolutely or conditionally, then, notwithstanding anything contained in any such statutory provision, any such article or thing may, if required for the construction, maintenance, operation or defence of the Bases, be imported in accordance with arrangements made between the Governor and the United States Authorities.

(2) A document purporting to set forth the terms of any arrangements made under subsection (1) and purporting to be certified by the Deputy Governor as correct shall be received in evidence and shall, prima facie, be proof of the terms of any such arrangements.

Provisions relating to United States public vessels etc

36 (1) United States public vessels bound to or departing from a Leased Area, shall, on entering or leaving a Leased Area or the territorial waters in the vicinity thereof, be deemed to be excepted ships within the meaning of section 48 of the Marine Board Act 1962 [title 22 item 3], and accordingly shall not be subject to compulsory pilotage.

(2) Nothing in any regulation made under any of the following provisions of the Marine Board Act 1962 [title 22 item 3] that is to say—

(a) under section 78(a); or

(b) under section 79(2); or

(c) under section 11(a) (to the extent that it applies in relation to the carrying of life-saving apparatus); or

shall apply or have effect in relation to a boat which is the property of the United States of America and which is used in connection with the construction, maintenance, operation or defence of the Bases.

(3) Nothing in any regulation made under section 103(2)(i) of the Marine Board Act 1962 [title 22 item 3] shall (so far as that regulation has effect in relation to members of the crews of boats) apply or have effect in relation to any United States employee in respect of the performance of his duties as such.

Exclusion of Telecommunications Act 1986

37 The Telecommunications Act 1986 [title 24 item 10], shall not apply or have effect in relation to any means of telecommunication installed by the Government of the United States of America in a Leased Area and used solely for military, naval or air force purposes.

Application of Post Office Act 1900

38 Nothing in the Post Office Act 1900 [title 24 item 1], shall have effect so as to prevent the establishment and use of Post Offices of the United States of America in accordance with Article XVI of the Agreement.

Exclusion of Firearms Act 1973

39 Nothing in the Firearms Act 1973 [title 10 item 5], shall apply or have effect—

(a) in relation to the importation into Bermuda of firearms, weapons or ammunition by or on behalf of the Government of the United States of America in connection solely with the operation or defence of the Bases; or

(b) in relation to the possession, carrying or use of firearms, weapons or ammunition by members of the United States Forces when duly authorized in that behalf by the United States Authorities.

Application etc of statutory instruments made etc under Building Authority Act 1962 and Municipalities Act 1923, with respect to dangerous commodities

40 (1) Nothing in any order made under section 2 of the Building Authority Act 1962 [title 20 item 2], or in any regulation made under section 3 of that Act shall apply or have effect—

(a) in relation to any dangerous commodity (within the
meaning of that Act) while the dangerous commodity is within a Leased Area; or

(b) in relation to the importation, exportation, loading, unloading, landing, removal, conveyance or possession, in accordance with any arrangements that may be made between the United States Authorities and the Deputy Governor, of any such dangerous commodity required for the construction, maintenance, operation or defence of the Bases.

(2) Nothing in any municipal ordinance made under the Municipalities Act 1923 [title 4 item 1], shall apply or have effect in relation to the importation, exportation, loading, unloading, landing, removal, conveyance or possession of any such dangerous commodity in accordance with arrangements that may be made in pursuance of subsection (1)(b):

Provided that no arrangements shall be made under subsection (1)(b) with respect to any of the matters mentioned in this subsection which would exclude the application or effect of any municipal ordinance, unless the Deputy Governor has previously obtained the approval of the appropriate municipal corporation with regard to the proposed arrangements.

(3) A document purporting to set forth the terms of any arrangements that may be made under subsection (1) and purporting to be certified by the Deputy Governor as correct shall be received in evidence and shall, prima facie, be proof of the terms of any such arrangements.

Exclusion of Misuse of Drugs Act 1972 in case of drugs owned etc by United States Government

41 (1) Nothing in the Misuse of Drugs Act 1972 [title 11 item 4], shall apply or have effect in relation to any drugs—