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Aliens Act [Cap 91]

LAWS OF FIJI

CHAPTER 91

ALIENS

Ordinances Nos. 4 of 1962, 22 of 1960;
Act No. 25 of 1971

AN ACT TO PROVIDE FOR THE REGISTRATION AND DEPORTATION
OF ALIENS

[1st September, 1962]

PART I-PRELIMINARY

Short title

1. This Act may be cited as the Aliens Act.

Interpretation

2. In this Act, unless the context otherwise requires-

"alien" means a person who is not a British subject, a British protected person or a citizen of the Republic of Ireland;

"authorised airport" means any airport which is an authorised airport for the purposes of the Immigration Act;

"entry" with its grammatical variations means-

(a) in the case of a person arriving by sea, disembarking in Fiji from the vessel in which he arrives; and

(b) in the case of a person arriving by air at an authorised airport, leaving the precincts of such airport; and

(c) in the case of a person arriving by air at any place other than an authorised airport, landing in Fiji;

"member of a crew" means any person employed in the working or service of a ship;

"residence" means ordinary dwelling place for the time being and "resident" shall be construed in a similar sense;

"ship" includes aircraft and the expression "master of a ship" includes the commander of an aircraft, or if there be no commander, the pilot thereof.
(Cap. 88.)

Retention of nationality, etc.

3. For the purposes of this Act, when an alien is recognized as a national by the law of more than one foreign State or where for any reason it is uncertain what nationality (if any) is to be ascribed to an alien, that alien may for all the purposes of this Act be treated as the national of the State with which he appears to be most closely connected for the time being in interest or sympathy or as being of uncertain nationality or of no nationality:

Provided that where an alien acquired an alien nationality at birth he shall (unless the *Minister otherwise directs either generally or in the particular case) be deemed to retain that nationality unless he has subsequently acquired by naturalization or otherwise some other nationality and is still recognized by the Sovereign or State whose nationality he has acquired as entitled to protection.

*Amended by order 8th October, 1970.

PART II- *CONTROL OF ALIENS
* Amended by Ordinance No. 22 of 1969

Power to impose special restrictions on aliens

4.-(1) The +Minister may by order impose on any alien or class of aliens such restrictions as to reporting to the police, registration, occupation, employment, the use or possession of arms or explosives, as he may deem to be necessary in the public interest.

(2) A copy of any order made under this section shall be served on the alien or aliens to whom it relates and any alien in relation to whom such an order is made who, after service of a copy of such order upon him, shall fail to comply with the terms thereof shall be deemed to have acted in contravention of this Act.

(3) A copy of any such order relating to an individual alien may be served on such alien either personally or by post at his last known address within Fiji, and a copy of any such order relating to any class of aliens, if published in the Gazette, shall be deemed to have been duly served, on the date of such publication, on every alien constituting such class whether or not he be within Fiji on the date of such publication.

+ Amended by Order 8th October, 1970

PART III-MISCELLANEOUS

Offences

5.-++(l) If any alien acts in contravention or fails to observe the terms of any order made under section 4, he shall be guilty of an offence.

(2) A person shall be guilty of an offence against this Act if he-

(a) wilfully makes or causes to be made any false return, false statement or false representation; or

(b) without lawful authority alters any certificate or copy of a certificate or any entry made in pursuance of this Act; or

(c) wilfully obstructs or impedes any person lawfully acting in execution of the provisions of this Act in the exercise of his powers or duties under this Act; or

(d) without lawful authority uses or has in his possession any forged, altered or irregular certificate, passport or other document or any passport or document on which any visa, stamp or endorsement has been altered or forged; or

(e) refuses to produce any document, or furnish any such information, as any person lawfully acting in execution of the provisions of this Act may reasonably require to be produced or furnished for the purposes of this Act.

++ Replaced by Ordinance No. 22 of 1969

Penalties

6.-(1) Any person who is guilty of an offence against this Act for which no special penalty is imposed shall be liable on conviction to a fine not exceeding four hundred dollars or to imprisonment for a term not exceeding six months and the court before which he is convicted may, either in addition to or in lieu of any such punishment, require such person to enter into recognizances with or without sureties to comply with this Act or such provisions thereof as the court directs.

(2) If any person fails to comply with an order of the court requiring him to enter into recognizances, such court, or any other court of equal or greater jurisdiction, may on proof of such failure order him to undergo imprisonment for any term not exceeding six months.

Trial of offences

7.-(1) For the purpose of the trial of a person for any offence under this Act, an offence shall be deemed to have been committed either at the place at which the same actually was committed or at any place at which the offender may be.

(2) Where any offence under this Act consists of failure to comply with any of the provisions of this Act requiring any particulars to be furnished, or any statement, report or return to be signed or made, or any notice to be given, the offence shall, for the purposes of this Act, be deemed to have continued so long as such failure continues, whether or not any time is specified at or within which the particulars, statement, report, return or notice should be furnished, signed, made or given.

Onus of proof

8. If any question arises under this Act whether any person is or is not an alien, the onus of proving that that person is not an alien shall lie upon that person.

Fingerprints

9.-(1) Where in the opinion of the *Commissioner of Police it is not practicable to establish satisfactorily the identity of any alien or of any person whom he reasonably believes to be an alien by any other method, he may order such alien or person by notice in writing served upon him to attend at any place in the Division where his residence is situate at a date and time to be specified in such notice in order that the fingerprints of such alien or person may be recorded.

(2) Any person who fails to attend at the place, date or time specified in such notice or who fails to submit to the recording of his fingerprints when attending at any place as aforesaid in accordance with the provisions of such a notice lawfully served upon him, shall be guilty of an offence.

* Amended by Ordinance No. 22 of 1969

Regulations

10.-(1) The +Minister may make regulations for the better carrying out of the provisions of this Act and for prescribing fees to be charged for any document issued thereunder.

(2) In particular and without prejudice to the generality of the provisions of subsection (1), the +Minister may make regulations prescribing the persons who may register aliens, the manner of registration and the particulars to be furnished to such persons under any order made under section 4.

+ Amended by Order 8th October, 1970

Saving

11. The provisions of this Act shall be additional to and not in derogation of the provisions of the Immigration Act, and the Passports Act.
(Cap. 88.) (Cap. 89.)

Controlled by Ministry of Labour, Industrial Relations and Immigration

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