Entry Control (Tristan da Cunha) Ordinance, 1967

TRISTAN DA CUNHA REVISED EDITION OF THE LAWS, 2017 SECURITY AND LAW ENFORCEMENT ENTRY CONTROL (TRISTAN DA CUNHA) ORDINANCE, 1967 1 Ordinance T1 of 1967 In force 14 August 1967 No amendments to 1 November 2017 Subsidiary legislation: ENTRY CONTROL (LANDING) (TRISTAN DA CUNHA) REGULATIONS, 1989 Legal Notice T1 of 1989 __________________ ENTRY CONTROL (TRISTAN DA CUNHA) ORDINANCE, 1967 ARRANGEMENT OF SECTIONS 1. Short title 2. Restriction on persons remaining in Tristan da Cunha except under permit 3. Exemptions 4. Regulations AN ORDINANCE to regulate and control the entry of persons into Tristan da Cunha. Short title 1. This Ordinance may be cited as the Entry Control (Tristan da Cunha) Ordinance, 1967. Restriction on persons remaining in Tristan da Cunha except under permit 2. (1) Subject as hereinafter provided, no person may remain in Tristan da Cunha for a period exceeding 3 days unless the person is in possession of a valid permit signed by the Administrator. Any such permit may be expressed to be valid for a limited or unlimited time and may be made subject to any conditions the Administrator thinks fit; and 1 Under section 10 of the Revised Edition of the Laws Ordinance, 1999 this text is authoritative and is the sole authentic edition in respect of the law contained in it as at 1 November 2017. 2 the Administrator may at any time revoke or amend any such permit as he or she thinks think fit. (2) A person who remains in Tristan da Cunha in contravention of subsection (1) commits an offence. Penalty: A fine of £50 or imprisonment for 3 months, or both. (3) The Administrator may, by warrant under his or her hand cause any person convicted of an offence under this section to be deported from Tristan da Cunha. Exemptions 3. (1) The following classes of British subjects are exempt from the provisions of section 2— (a) all persons who were born to a parent who at the time of the birth of such persons was ordinarily resident in Tristan da Cunha; (b) any person who is the wife of a person to whom paragraph (a) applies, not living apart from such person under a decree of a competent court or a deed of separation; (c) any person under the age of 16 years who is a child, stepchild or adopted child, having been adopted in a manner recognised by law, of a person to whom paragraph (a) applies. (2) Any person may be exempted by the Administrator from section 2 upon conditions and for a period the Administrator directs and the Administrator may at any time revoke the exemption or amend or add to the conditions and period expressed in it. (3) Upon the breach of any condition or the termination of any period expressed in any exemption granted under subsection (2), a person whose exemption is thereby terminated, or who has failed to comply with any condition expressed in any such exemption, is, unless he or she obtains a permit under section 2, deemed to have landed unlawfully and is liable to the penalties and disabilities set out in section 2. Regulations 4. (1) The Governor may from time to time make regulations for the purpose of carrying out the provisions of this Ordinance and may by such regulations— (a) prescribe the conditions to be complied with by persons before being permitted to land in Tristan da Cunha; (b) make provision for persons to be permitted to land in Tristan da Cunha subject to any conditions the Governor imposes in any case; and (c) make provision for prohibiting the landing of undesirable persons as defined in any such regulations. (2) Regulations made under this section may impose penalties not exceeding a fine of £50 or imprisonment for 3 months or both such fine and imprisonment for offences against the regulations and may provide for the deportation of offenders. ____________________ ENTRY CONTROL (TRISTAN DA CUNHA) ORDINANCE, 1967 3 ENTRY CONTROL (LANDING) (TRISTAN DA CUNHA) REGULATIONS (Section 4) TABLE OF CONTENTS 1. Citation 2. Restriction on landing 3. Landing permit 4. Offence Citation 1. These Regulations may be cited as the Entry Control (Landing) (Tristan da Cunha) Regulations, 1989. Restriction on landing 2. A person must not land on Tristan da Cunha unless the person— (a) holds a permit issued under section 2 of the Ordinance, or is a person who is exempt from the requirement to obtain such a permit; or (b) has received permission to land in accordance with regulation 3. Landing permit 3. (1) The Administrator may grant permission for a person to land on Tristan da Cunha if the Administrator is satisfied that it would not be against the public interest so to do, and such permission must be signified either by a stamp in that person’s passport, or in such other manner as the Administrator directs. (2) The powers of the Administrator under this regulation may be exercised by the Administrator personally or by a police officer or other public officer nominated by the Administrator for that purpose. (3) There is to be charged, in respect of the grant of any permission granted under this regulation, a fee of £3.00: Provided that the Administrator may, in any case in which it appears to him or her to be just and reasonable so to do, waive the payment of such fee either wholly or in part. Offence 4. A person who lands on Tristan da Cunha in contravention of regulation 2 commits an offence, and may be deported in the manner described in section 2(3) of the Ordinance. Penalty: A fine of £50 or imprisonment for 3 months, or both. ___________