Belize: Immigration Ordinance of 1958

1. Short title.

This Ordinance may be cited as the Immigration Ordinance.

2. Interpretation

(1)In this Ordinance–

"departs" or "leaves" includes departure or leaving by any form of conveyance or on foot and references to departure and leaving shall, unless the context otherwise implies, be deemed to include references to attempting to depart or leave;

"dependant" in relation to another person means–

(a) the wife of such person unless she is living apart form him under a deed of separation or the decree of a competent court;

(b) the child or step-child under the age of sixteen years, of such person;

(c) an adopted child under the age of sixteen years having been adopted by such person in a manner recognised by law;

"domicil" means the place in which a person has his present home or in which he resides or to which he returns as his place of present permanent abode and not for a mere special or temporary purpose;

"emigrant" means a person who leaves Belize for a place outside Belize, whether for the first or at any subsequent time;

"immigrant" means a person who enters Belize from a place outside Belize, whether for the first or at any subsequent time;

"lands" or "enters" includes arrival or entry by any form of conveyance or on foot and references to landing or entering shall, unless the context otherwise implies, be deemed to include references to attempting to land;

"master" means the person having command or charge of a vessel;

"passport" means a valid passport referring to the person producing it, furnished with a photograph of such person and duly issued to him by or on behalf of the Government of the country of which he is a subject or a citizen, and for a period which, according to the laws of that country, has not expired, and includes a certificate of identity or a travel permit and any other documents establishing to the satisfaction of the immigration officer the nationality and identity of the person or persons to whom it refers;

"principal immigration officer" means the Commissioner of Police and includes any immigration officer authorised by the principal immigration officer to act generally or specifically on his behalf under this Ordinance;

"stowaway" means any person arriving in Belize on board any British or foreign vessel who, by secreting himself on board the vessel, or by getting or remaining on board the same without the consent of the owner, consignee, master or other person entitled to give that consent, has obtained a passage on the vessel without having paid for it;

"vessel" includes any steamship, ship, vessel, sloop, boat or other floating craft and any description of aircraft, motor vehicle or any animal drawn cart.

(2)For the purposes of this Ordinance–

(a) a person shall not be deemed to have acquired a domicil in Belize unless he has reside therein for at least who years otherwise than–

(i)under terms of conditional or temporary residence permitted by this Ordinance or any other enactment in Belize; or

(ii)as a person under detention in a prison or reformatory, or other place for the reception of prisoners found guilty of offences; or

(iii)as a person under detention in an orphanage, mental hospital or a leprosy asylum;

(b) a person shall be deemed to have lost his domicil in Belize if he voluntarily goes and resides outside Belize (except for a special or temporary purpose) with the intention of making his home outside Belize; and "domiciled" shall have a corresponding meaning.

(3)For the purposes of this Ordinance a person shall be deemed to belong to Belize if he is a British subject and–

(a) was born in Belize or of parents who at the time of his birth were domiciled or ordinarily resident in Belize; or

(b) has been ordinarily resident in Belize continuously for a period of seven years or more and since the completion of such period of residence has not been ordinarily resident in any place outside Belize continuously for a period of seven years or more;

Provided that any person who–

(i)falls within the definition of "convicted person" in section 2 of the Deportation (British Subjects) Ordinance, the offence for which he is convicted being one which, in the opinion of the Minister, indicates that he is, or has been conducting himself in a manner dangerous to peace, order and good government; or

(ii)falls within the definition of "undesirable person" in section(2) of the Deportation (British Subjects) Ordinance by reason of the fact that, in the opinion of the Minister, he is or has been conducting himself in a manner dangerous to peace, order and good government,

shall not be deemed to belong to Belize if the Minister with the approval of the Secretary of Sates so directs;

(c) obtained the status of a British subject by reason of the grant by the Governor of a certificate of naturalization under the British Nationality and Status of Aliens Act, 1914, or the British Nationality Act, 1948;

(d) is a dependant of person to whom any of the foregoing paragraphs applies.

(4)For the purposes of this Ordinance a person shall be deemed to belong to a particular place outside Belize if he is a national of the country or state of which that place forms part or of which it is a dependency and–

(a) was born in that place or of parents who at the time of his birth were domiciled or ordinarily resident in that place; or

(b) is domiciled in that place; or

(c) has been ordinarily resident in that place continuously for a period of seven years or more and since the completion of such period of residence has not been ordinarily resident in any other place continuously for a period of seven years or more; or

(d) is a dependant of a person to whom any of the foregoing paragraphs applies.

(5)For the purposes of this Ordinance, a person enters Belize if he arrives therein by land, sea or air; and a person leaves Belize if he departs therefrom by land, sea, or air.

3. Appointment of immigration officers.

(1)

(a) The Commissioner of Police shall be the principal immigration officer for the purposes of this Ordinance. Appointment of immigration officers.

(b) The Governor may appoint immigration officers for all or any specified parts of Belize for the purpose of carrying out the provisions of this Ordinance.

(2)Any police officer may, if authorised by the principal immigration officer and subject to his directions, act as an immigration officer.

(3)For the purpose of performing his duties under this ordinance an immigration officer may without warrant board and search any vessel arriving or departing form Belize.

4. Categories of prohibited immigrants.

(1)Subject to section 2 (2) the following person are prohibited immigrants– Categories of prohibited immigrants.

(a) any person who is likely if he entered Belize to become a charge on public funds by reason of infirmity of body or mind or of ill health or who is not in possession of sufficient means to support himself and such of his dependant as he shall bring with his to Belize;

(b) any idiot or any person who is insane or mentally deficient or any person who is deaf and dumb or deaf and blind, or dumb and blind, unless in any such case he or a person accompanying him or some other person gives security to the satisfaction of the principal immigration officer for his permanent support in Belize or for his removal therefrom whenever required by the principal immigration officer;

(c) any person certified by a medical practitioner to be suffering from a communicable disease which makes his entry into Belize dangerous to the community;

(d) any stowaway;

(e) any prostitute or any person who may be living on or receiving or may have lived on or received the proceeds of prostitution;

(f)the children under the age of sixteen years, being dependants of a prohibited immigrant;

(g) any member of a class of persons deemed by the Minister on economic grounds or on account of standard or habits of life to be undesirable immigrants and so declared by order published in the Gazette;

(h) any person who from information or advice which in the opinion of the Minister is reliable information or advice is deemed by the Minister to be an undesirable inhabitant of or visitor to Belize;

(i)any person who, not having received a free pardon, has been in any country convicted of an offence for which a sentence of imprisonment has been passed and who for this reason is deemed by the Minister to be an undesirable immigrant;

(j)any person who has been refused a visa to enter Belize by any British consular officer;

(k) any person who enters or leaves Belize or remains in Belize in contravention of any of the provisions of this Ordinance.

(2)Notwithstanding anything to the contrary contained in this Ordinance, the Minster may exempt any person from the provisions of paragraphs (a) to (g) of subsection (1).

(3)No appeal shall lie against the decision of the Minster in regard to any of the persons mentioned in paragraphs (g), (h) and (i) of subsection (1) unless such appeal be directed to identity only of the person affected by the decision.

(4)Notwithstanding anything contained in this Ordinance, the Minister may prohibit or permit the entry of any immigrant into Belize.

5. Recovery of expenses incurred in respect of prohibited immigrants.

(1)A magistrate who is satisfied that any expenses have been or will be incurred by the Government of Belize in connection with detention, maintenance, medical treatment or deportation of any prohibited immigrant and his wife, children or other dependants, if any, may issue a warrant for the levy of the amount by distress and sale of any movable property belonging to such prohibited immigrant. Recovery of expenses incurred in respect of prohibited immigrants.

(2)Such a warrant may be executed in the same manner as a warrant for the levy of the amount of a fine under the Summary Jurisdiction (Procedure) Ordinance.

(3)The partial recovery of expenses under this Ordinance shall not prejudice the liability of any surety of the balance nor shall the issue or execution of a warrant under such section be a condition precedent to the liability of a surety.

6. Who are not prohibited immigrants.

The following person or classes of person shall not be prohibited immigrants for the purposes of this Ordinance– Who are not prohibited immigrants.

(a) persons who belong to Belize as defined by section 2 (2);

(b) persons in the service of the Government;

(c) persons who come to Belize on official business with the Government;

(d) members of Her Majesty's regular, naval, military or air forces;

(e) persons who are duly accredited to Belize by or under the authority of Her Majesty or the Government of any foreign state, and the staff of any such persons;

(f) the dependants of the persons enumerated in the previous paragraphs of this section;

(g) any other persons or class of persons to whom this section may be applied by regulation.

7. Passports.

(1)Subject to this Ordinance and of any regulations made under this section every person entering or leaving Belize shall be in possession of a valid passport which he shall present to the immigration officer at the place of entry or departure for examination and for making therein the appropriate entry;

Provided that in he case of persons under sixteen years of age who are not in possession of their own passports they must be included in the passport of one or other of their parents.

(2)A person entering Belize without a passport shall be deemed to be a prohibited immigrant unless and until he explains why he has no passport, and establishes his identity and nationality, to the satisfaction of the immigration officer.

(3)The Minister may, by regulation–

(a) order that the passport of a national of any or all foreign countries shall not be accepted unless it bears a British consular visa;

(b) exempt any class of person entering Belize from the provisions of this section either unconditionally or subject to such conditions as may by such regulation be imposed.

8. Entry permits.

(1)The principal immigration officer may issue to any prospective immigrant at a permit to enter or remain in Belize subject to such conditions as to occupation, security to be furnished, or any other matter or thing as the principal immigration officer may think expedient.

(2)Upon arrival in Belize the immigrant shall forthwith present such entry permit to the immigration officer at the place of entry and if required to do so produce the sum of money stated as security in the entry permit.

(3)If an immigrant fails to furnish on demand the security required by his entry permit, he may be refused leave to land by the immigration officer and, if he arrives by any vessel, the master of such vessel shall be notified of such fact.

(4)If any immigrant after having been landed fails to comply with the conditions of the permit issued to him to enter or remain in Belize, he shall be deemed to be a prohibited immigrant and may be dealt with as such.

9. Immigrants for permanent employment.

(1)An immigrant for employment who has been admitted on a permanent basis and the members of his family who have been authorised to accompany or join him shall not be returned to their territory of origin or the territory from which they emigrated because the immigrant is unable to follow his occupation by reason of illness contracted or injury sustained subsequent to entry, unless the person concerned so desires or an international agreement to which Belize is a party so provides.

(2)When immigrants for employment are admitted on a permanent basis upon arrival in Belize the Minister may determine that the provisions of subsection (1) shall take effect only after a reasonable period which shall in no case exceed five years from date of admission of such immigrant.

(3)For the purposes of this section "immigrant for employment" means a person who migrates to this country with a view to being employed otherwise than on his own account and includes any person regularly admitted as an immigrant for employment.

10. Revocation of permits.

(1)A permit granted under this Ordinance may at any time be revoked by the Minister in his discretion or by an immigration officer acting on the direction of the Minister, and may also be revoked where the terms of the permit so provide.

(2)Where a permit is revoked, the immigrant may be arrested and brought before a court of summary jurisdiction to be dealt with for any infringement of this Ordinance in respect of which he may be charged:

Provided that the court may, if the permit was not revoked by or by the direction of the Minister, order the permit to be restored and the immigrant to be released.

11. Kinds of temporary permits.

(1)The kinds permits which may be issued to a person entitling such person to enter and remain temporarily within Belize shall be as follows–

(a) an in transit permit;

(b) a dependant's permit;

(c) a temporary employment permit;

(d) a student's permit;

(e) a special permit;

(f)a visitor's permit.

(2)The issue of any permit of kind mentioned in this section shall be in the absolute discretion of the principal immigration officer.

(3)If for any reason a permit is revoked or cancelled or expires or the person to whom such permit was issued fails or neglects to comply with the provisions thereof, such person shall be deemed to be a prohibited immigrant and may be dealt with as such.

12. In transit permit.

(1)An in transit permit may be issued by the principal immigration officer to any person who satisfies him that he desires to enter Belize for the purpose of passing through Belize to a destination outside Belize, and that he is in possession of a ticket entitling him to travel to his destination, and of such valid documents as will permit him to enter the country of his destination and is otherwise qualified under the law in force in that country to enter it.

(2)An in transit permit shall entitle the holder to enter Belize and to remain therein for such period not exceeding seven days as may be stated in the permit:

Provided that the principal immigration officer may from time to time extend such period if he considers it expedient to do so.

13. Dependant's permit.

(1)A dependant's permit may be issued by the principal immigration officer upon application by a resident of Belize in respect of any person as to whom the principal immigration officer is satisfied that–

(a) such person is a dependant of such resident; and

(b) such resident is able to provide and to continue to provide adequate accommodation for such dependant; and

(c) such resident has in his own right and his full and free disposition an assured income sufficient adequately to maintain and to continue to maintain the dependant.

(2)A dependant's permit shall entitle the person in respect of whom the permit is issued to enter Belize within the period stated in the permit and to remain therein for such time only as–

(a) the resident upon whose application the permit has been issued remains a resident of Belize; and

(b) such person remains a dependant of such resident.

14. Temporary employment permit.

(1)A temporary employment permit may be issued by the principal immigration officer to any person who satisfies the principal immigration officer that he wishes to enter Belize for the purpose of employment there and is the person described in a current voucher issued for the purposes of this section by or on behalf of the Minister.

(2)A temporary employment permit shall entitle the holder thereof to enter Belize within the period stated in the permit, and to remain therein for the purpose of engaging in the employment specified in the permit for such period as is stated in the permit.

(3)The principal immigration for officer may cancel a temporary employment permit, if the person to whom such permit was issued fails to take up such employment or to continue therein.

(4)Notwithstanding anything contained in subsections (1) to (3) the principal immigration officer may, subject to such conditions as he may impose, permit the holder of a temporary employment permit to work for an employer other than the employer specified in the permit.

15. Student's permit.

(1)A student's permit may be granted by the principal immigration officer to any person who satisfies him that he has been accepted as a student by any training establishment in Belize and that suitable arrangements have been made for his accommodation whilst in Belize.

(2)A student's permit shall entitle the holder to enter Belize within the period stated in the permit and to remain therein for such period as is stated in the permit.

(3)The principal immigration officer may cancel a student's permit, if the person to whom such permit was issued fails to enter and undergo training in the training establishment for which he has been accepted, or having entered such training establishment fails to remain or to be retained as a student therein.

16. Special permit.

(1)A special permit may be issued by the principal immigration officer to any person without prejudice to the question whether he is a prohibited immigrant, if he considers the issue of such a permit desirable–

(a) in order to afford an opportunity of making inquiry for the purpose of determining whether such person is entitled to an entry permit or is otherwise entitled to enter Belize under the provisions of any Ordinance, order or regulation, or whether such person is a prohibited immigrant;

(b) in order to enable such person to enter Belize temporarily for the purpose of obtaining medical treatment for any contagious or infectious disease from which such person is suffering; or

(c) in order to afford such person a reasonable opportunity of applying for and obtaining an entry permit other than a special permit or of completing any immigration formality; or

(d) in order to afford time for the principal immigration officer to consider an application by a prohibited immigrant for a permit to enter and remain in Belize.

(2)A special permit shall entitle the holder thereof the enter Belize and remain therein for such period not exceeding two months as is stated in such permit:

Provided that the principal immigration officer may, from time to time, extend such period, if he considers it expedient to do so.

(3)A special permit may at any time be cancelled by the principal immigration officer.

(4)A person to whom a special permit has been issued under paragraphs (b) of subsection (1) shall be subject to the observance of such conditions as a Government medical officer may think necessary for the protection of the community, and any person failing to comply with, or observe, any such condition shall be deemed to have acted in contravention of this Ordinance.

17. Visitor's permit.

(1)A visitor's permit may on application be issued by the principal immigration officer to any prospective visitor to Belize who satisfies the principal immigration officer that he wishes to enter Belize for the purpose of–

(a) spending a holiday; or

(b) travelling; or

(c) temporarily carrying on any business, trade or profession; or

(d) investigating the possibilities of settlement in Belize.

(2)A visitor's permit shall entitle the holder to enter Belize within the period stated in such permit and to remain therein for such period not exceeding six months, as is stated in such permit:

Provided that the principal immigration officer may extend such last-mentioned period, if he considers it expedient to do so, for any further period or periods not exceeding six months in the aggregate.

(3)It shall be a condition of issue of every visitor's permit that that holder shall not accept employment within Belize without the permission in writing of the Minister, and if the holder of any such permit accepts employment without such permission, he shall be deemed to have acted in contravention of this Ordinance, and the permit may be cancelled by the principal immigration officer.

18. Security.

(1)Any person may, as a condition precedent to the issue of any of the permits enumerate above, be required by the principal immigration officer to deposit with him a sum sufficient to defray the cost of his maintenance and repatriation not exceeding one thousand two hundred dollars in respect of each permit so issued and any such deposit may, if necessary, be used for the purpose of defraying any expenses incurred by the Government of Belize in connection with the maintenance or repatriation of the person in respect of whom the entry permit has been issued and his dependants.

(2)A deposit made under subsection (1) shall, unless the person in respect of whom the entry permit has been issued is ordered to leave or is deported for Belize and the money so deposited is used for the purpose of maintaining or repatriating such person and his dependants, if any, be refunded to the depositor when the principal immigration officer is satisfied that–

(a) the person in respect of whom the deposit was made and his dependants, if any, are leaving Belize permanently; or

(b) the person in respect of whom the deposit was made has entered Belize for permanent residence and has completed three years of residence therein since making his deposit.

(3)The principal immigration officer may, in lieu of requiring a deposit under subsection (1) require an applicant for an entry permit or some other person on his behalf to give security with or without sureties in a sum not exceeding one thousand two hundred dollars by bond.

(4)A bond entered into under subsection (3) may be enforced before any magistrate in the same manner as a recognizance under section 120 of the Summary Jurisdiction (Procedure) Ordinance.

19. Re-entry permit.

The principal immigration officer may issue to any alien domiciled in Belize who desires to proceed therefrom with the intention of returning thereto a re-entry permit to enable such person to prove to the satisfaction of a consular officer or to an immigration officer on his return that he is not a prohibited immigrant.

20. Fingerprints may be taken.

A person to whom a permit is issued or who is held to be a prohibited immigrant, shall, if so required by the immigration office, submit to his fingerprints being taken by the immigration officer.

21. Conditions and restrictions relating to permits and certificates.

(1)A person to whom a permit or certificate under this Ordinance has been granted shall at all times produce it to any immigration officer or police officer on demand, shall not lend, transfer, or assign it to any other person.

(2)No person shall borrow or make use of a permit or certificate which has been granted under this Ordinance to any other persons.

(3)A person having in his possession a permit or certificate appearing to have been granted under this Ordinance shall answer all questions put to him by an immigration officer for the purpose of establishing his identity with the person named in the permit or certificate and shall if so required by an immigration officer, submit to his fingerprints being taken for that purpose.

22. Duties of immigrants on entering Belize.

(1)No person shall enter Belize elsewhere than at an approved port or place of entry.

(2)A person entering Belize by sea shall not disembark without the consent of the immigration officer and the master of the ship shall not allow any such person to disembark without any such consent.

(3)Every person entering Belize by land or air shall forthwith present himself to the immigration officer at the place of arrival.

(4)Every person entering Belize shall truthfully answer all questions put to him by the immigration officer for the purposes of this Ordinance, and shall, if required by the immigration officer–

(a) furnish the required security;

(b) fill out and sign a disembarkation card;

(c) submit to be examined by a medical officer.

(5)Any person who refuses to answer all questions put to him by the immigration officer for the purposes of this Ordinance, or who fails to furnish the required security on request, or who fails to furnish the required security on request, or who refuses to fill out and sign the disembarkation card, or to submit to be examined by a medical officer, if so required, shall be refused leave to land in Belize and if he arrives by any vessel the master of such vessel shall be served with a notice of such fact.

(6)Every person entering Belize who willfully supplies any false information in answer to any question put to him by the immigration officer for the purposes of this Ordinance shall be guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars.

(7)Any person to whom leave to land been refused shall be removed from Belize by the master of the in which he arrived, or with the consent of an immigration office in another vessel within a specified time by the owner or agent of the vessel in which he arrived:

Provided that where permission is granted to the owner or agent to remove such person by another vessel, such owner or agent shall be held responsible for the accommodation of such person until he leaves Belize.

(8)Any person who contravenes subsections (1), (2) or (3) is guilty of an offence.

23. Master to furnish particulars and list of persons on board his vessel.

(1)The master of a vessel, arriving from any place outside Belize or departing from Belize shall answer truthfully to the best of his ability all questions put to him by the immigration officer relating to the persons on board such vessel, in so far as is necessary for the purposes of this Ordinance, and, if so required, furnish the immigration officer with a list signed by himself of the names of all such persons in the vessel, and such other information as may be required, and every such person shall supply the information necessary for the purpose of the list.

(2)Any master who refuses to answer any such questions or who knowingly and willfully gives an untrue answer thereto or who refuses to supply such list shall be guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months.

24. Prohibition of entry by prohibited immigrant.

Except as otherwise specially provided by this Ordinance no prohibited immigrant shall enter Belize, and an immigration officer shall cause a prohibited immigrant entering or found within Belize (having entered after the commencement of and in contravention of any of the provisions of this Ordinance) to be removed therefrom in the manner hereinafter provided.

25. Orders for prohibited immigrants to leave Belize.

(1)An immigration officer who deices that a person is a prohibited immigrant may–

(a) order him to leave Belize and proceed immediately in the same vessel in which he arrived; or

(b) order him to leave Belize within sixty days of his entering Belize, and, if the immigration officer thinks fit, by a specified vessel; or

(c) cause him to be arrested and brought before a magistrate's court with a view to an order being made for his removal:

Provided that the Minister or any immigration office acting under the directions general or special of the Minister may grant a permit to a prohibited immigrant to enter and remain in Belize, subject to such conditions as to duration, place of residence, occupation, furnishing of security, or any other matter or thing, whether similar to those enumerated above or not, as may be deemed expedient.

(2)No prohibited immigrant shall have any right of appeal against an order made under subsection (1) (a) or (#em/em#).

26. Appeal against detention of a prohibited immigrant.

(1)Whenever any person is detained, restricted or arrested as a prohibited immigrant, notice of that fact and the grounds of detention, restriction or arrest shall be given by the officer to such person in the prescribed form.

(2)If such notice is given within seven days of the arrival of the immigrant, the immigration officer giving such notice shall also inform, if known, the master or local agent or owner of the vessel by which the immigrant arrived that such notice has been given.

(3)Every immigrant to whom such notice has been given may appeal to a summary jurisdiction court.

(4)Notice of the appeal must be given to the court and to the immigration officer within seven days of the service of the notice of the immigration officer on the immigrant.

(5)An appeal shall lie from the decision of the summary jurisdiction court to the Supreme Court in accordance with the rules governing appeals therefrom.

(6)Pending the hearing of an appeal no warrant shall be issued or enforced for the removal as a prohibited immigrant of the person so appealing but should it be held on the hearing of any such appeal that the appellant is a prohibited immigrant a warrant for the removal of the prohibited immigrant shall issue.

27. Temporary permits pending removal, appeal, etc.

(1)Whenever a prohibited immigrant is ordered to leave Belize or has delivered a notice of appeal or security is required to be given in respect of an immigrant, the immigration officer may grant a permit for the immigrant to remain in Belize for so long as the officer considers necessary.

(2)Instead of granting the permit or on revocation or expiration of the permit, the immigration officer may cause the immigrant to be arrested and brought before a magistrate who may either order the permit to be granted, restored or renewed and the immigrant to be released, or order the immigrant to be detained in custody until an opportunity occurs for him to leave Belize, or until the matter is disposed of, as the case may be.

28. Removal orders.

(1)Subject to this Ordinance and to the terms of any permit granted hereunder, a summary jurisdiction court may, on application made to it by an immigration officer, order any prohibited immigrant to be removed from Belize and to be detained in custody until such removal:

Provided that no application for an order shall be entertained in the case of a British subject, not being a person who entered Belize in contravention of section 22 (1) or who, on entering Belize, contravened or failed to comply with section 22 (2) or (3) unless the application is made–

(a) if he entered Belize in accordance with a permit granted under sections 11, 12, 13, 14, 15 or 16, within two years after the expiry of such permit;

(b) in any case in which an appeal has been made to a summary jurisdiction court or the Supreme Court within two years after the determination of the appeal;

(c) in any other case within two years of his arrival in Belize.

(2)An immigrant who is ordered to be removed from Belize shall be removed–

(a) to the place whence he came, or to any place to which he consents to be removed;

(b) if he is a British subject, to a place in some part of the British Commonwealth to which he belongs; or

(c) if he is not a British subject, to some place in the country to which he belongs.

(3)Where an immigrant ordered to be removed is serving a sentence of imprisonment, the Governor may give directions as to whether the whole or what part of the sentence is to be served before removal, and in default of such directions, the immigrant shall be removed after completion of his sentence.

(4)An immigrant ordered to be removed may be placed on board a suitable vessel by any police officer or immigration officer, and may be lawfully detained in custody on board so long as the vessel is within the territorial waters of Belize.

(5)The expenses of passage of a prohibited immigrant and his dependants (if any) ordered to be removed from Belize shall be payable from the public funds of Belize in so far as they are not defrayed by the immigrant and his dependants or their sureties.

29. Warrant to convey prohibited immigrant back on vessel.

The master of any vessel may, on the desertion of any seaman or the landing of any stowaway or prohibited immigrant from his vessel, apply to a magistrate for a warrant to arrest and convey back on board the vessel such seaman, stowaway or prohibited immigrant, and the magistrate shall grant the application unless there are special reasons for not doing so, and the master shall not incur any liability at law for anything done by virtue of such warrant.

30. Offences by persons permitting prohibited immigrants to land.

(1)Any master of a vessel who knowingly suffers any prohibited immigrant who arrives in such vessel to land therefrom contrary to the provisions of this Ordinance shall be guilty of an offence.

(2)Any person who knowingly lands or procures to be landed or who aids or assists in landing any prohibited immigrant contrary to the provisions of this Ordinance shall be guilty of an offence.

(3)Any prohibited immigrant who knowingly and willfully lands or suffers himself to be landed contrary to the provisions of this Ordinance shall be guilty of an offence.

(4)Any person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding five hundred dollars.

31. Duties of emigrants leaving Belize.

(1)No person shall leave Belize elsewhere than through an approved port or place of departure.

(2)Every person departing from Belize shall present himself to the immigration officer at the port or place of departure.

(3)Every person departing from Belize shall truthfully answer all questions put to him by the immigration officer for the purposes of this Ordinance and shall fill out and sign the embarkation card if required to do so.

(4)Any person who refuses to answer such questions put to him by the immigration officer for the purposes of this Ordinance, or who knowingly and willfully gives any untrue answer thereto, or who refuses to fill out and sign the embarkation card if required to do so shall be guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars.

32. Offences and penalties.

(1)Any person who for the purpose of entering Belize or of remaining therein, or of assisting any other person to enter Belize or to remain therein, in contravention of this Ordinance–

(a) fabricates or falsifies any passport, permit, certificate or other document; or

(b) uses, utters or attempts to use or utter–

(i)any passport, permit, certificate or other document which has not been issued by lawful authority or which he is not entitled to use or utter; or

(ii)any fabricated or falsified passport, permit, certificate or other document, knowing it to have been fabricated or falsified,

shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months.

(2)Any person who–

(a) makes a statement which to his knowledge is untrue in a declaration required to be made by an applicant for the issue of a temporary permit to facilitate him to travel to the Mexican and Guatemalan towns and villages as agreed between the Government of Belize and the Governments of Mexico and Guatemala; or

(b) obstructs, hinders or opposes any immigration officer or police officer in the execution of his duty under this Ordinance; or

(c) without lawful excuse knowingly harbours or conceals–

(i)any other person who is within Belize in contravention of this Ordinance; or

(ii)any other person who having entered Belize under the authority of a permit issued under this Ordinance has contravened or failed to comply with, any condition subject to which the permit is granted; or

(d) fails to comply with or contravenes the conditions under which any permit, certificate or other document has been issued to him under this Ordinance; or

(e) being a prohibited immigrant, disembarks in Belize without previously obtaining a permit issued under this Ordinance; or

(f)contravenes of fails to comply with any of the conditions subject to which any permit has been granted under this Ordinance; or

(g) directly or indirectly, instigates, commands, counsels, procures, solicits or in any manner purposely aids, facilitates, encourages or promotes the commission of any offence under this Ordinance, whether by his act, presence or otherwise; or

(h) employs any person who, having entered Belize under the authority of a permit issued under this Ordinance, or in contravention of this Ordinance, is not in possession of a temporary employment permit,

shall be guilty of an offence, and liable on summary conviction to a fine of five hundred dollars or to imprisonment for a term not exceeding six months or to both.

33. Punishment of stowaway.

(1)Every stowaway shall be guilty of an offence and may be landed with the permission of the principal immigration officer for the purpose of being prosecuted and , in addition to any other penalties imposed by this Ordinance, shall be liable on summary conviction to imprisonment for a term not exceeding three months.

(2)A stowaway not belonging to Belize may be deported therefrom upon the order of the convicting magistrate at the expense of the master or owner of the vessel by which he was brought to Belize, and the imprisonment under subsection (1) shall cease for the purpose of carrying out that order.

(3)The detention of a stowaway shall not be deemed to be illegal if such detention is not longer than is reasonably necessary for the purpose of handing him over to a police officer.

(4)Any police officer may apprehend a stowaway without a warrant for the purpose of taking him before a magistrate.

(5)When any person is charged before any court as being a stowaway the onus shall be upon that person to prove the consent of the owner, charterer, consignee or master of the vessel or other person entitled to give consent to his obtaining a passage upon the vessel.

34. Place of detention.

A person detained in custody under this Ordinance but not serving a sentence of imprisonment may be so detained either in Her Majesty's prison or in any place appointed for the purpose by the Minister, but if detained in Her Majesty's prison he shall be treated as a person awaiting trial.

35. Evidence and burden of proof.

In any proceedings under this Ordinance–

(a)the burden of proof that the person charged belongs to Belize or that he is not likely to become a charge on public funds shall be upon that person;

(b)a document purporting to be a removal order made under this Ordinance shall, until the contrary is proved, be presumed to be such an order; and

(c)any order made under this Ordinance shall be presumed, until the contrary is proved, to have been validly made and to have been made on the date upon which it purports to have been made.

36. Power to make regulations.

The Minister may make regulations–

(a)prescribing the ports or places of entry or exit;

(b)prescribing the times, places and conduct of the inquiry or examination, medical or otherwise of persons entering or desiring to enter Belize or who being found therein are suspected of being prohibited immigrants;

(c)prescribing lists of communicable diseases, the affliction with which will render a person a prohibited immigrant;

(d)governing the permits and the certificates which may be issued under this Ordinance, the conditions upon which any such permit or certificate shall be issued, the circumstances under which they may be cancelled and the fees which may be charged for any such permit or certificate;

(e)regarding the amount and nature of the security to be furnished for the due carrying out of any conditions upon which a permit to enter and reside for a specified period may be issued to a prohibited immigrant;

(f)prescribing the forms of warrants, permits, certificates or other documents to be issued or used or of the declarations to be made or of the books to be kept for the purposes of this Ordinance, and the particulars to be inserted in any such document, declaration or book;

(g)generally for the better carrying out of the objects and purposes of this Ordinance.

37. Deeds free of stamp duty.

No stamp duty shall be payable in respect of any deed executed in pursuance of this Ordinance.

38. Saving

Nothing in this Ordinance shall affect the operation of the Aliens Ordinance or the Deportation (British Subjects) Ordinance.