Section 5: Procedure

5. Procedure (1) Subject to subsection (6), where it is proposed to make a deportation order in respect of any person, a notice signed by or under the authority of the Minister shall be served on that person specifying the grounds with sufficient particulars on which it is proposed to make the order and requiring him to show cause before a Magistrate in Chambers, at a time specified in the notice, why the order should not be made. (2) Where it is represented on oath or affidavit to a Magistrate that a person charged is a convicted person, an undesirable person, a destitute person or a prohibited immigrant, the Magistrate may issue a warrant for his arrest and, where the notice mentioned in subsection (1) has not already been served upon him, it shall be so served upon him not later than 24 hours after his arrest. [Issue 4] D6 – 2 (3) Every witness whose evidence may be required before the Magistrate in Chambers in proceedings taken under this section shall be summoned by a writ of subpoena issued at the instance of a police officer or a person charged and any such witness who fails to appear shall be dealt with in the manner provided for in section 128 of the Courts Act. (4) The Magistrate, after considering the evidence adduced before him and making such further investigations as he considers to be desirable, shall make a report to the Minister setting out his findings of fact and his conclusions on any questions of law involved. (5) (a) On receipt of a Magistrate’s report, the Minister may, having regard to the findings of fact and any conclusions of law as stated in the report, make a deportation order. (b) The Minister shall not be bound by the findings of the Magistrate. (6) Where the Minister is satisfied that it is necessary to do so in the interests of defence, public safety or public order, he may make a deportation order in respect of an undesirable person or a prohibited immigrant where he has— (a) caused a notice under his hand to be served on that person stating, in such terms as he may determine, the grounds on which it is proposed to make the order and requiring that person to show cause in writing, within such time as shall be stated in the notice, why the order should not be made; and (b) considered any representations made under paragraph (a) by the person in respect of whom it is proposed to make the order.