Page:British and Foreign State Papers, vol. 144 (1952).djvu/39

This page needs to be proofread.
Great Britain
15

ORDER IN COUNCIL amending “ The Aliens Order, 1920” London, June 4, 1940([1])

At the Court at Buckingham Palace,
the 4th day of June, 1940

PRESENT: THE KING’S MOST EXCELLENT MAJESTY IN COUNCIL

His Majesty, in pursuance of section one of “The Aliens Restriction Act, 1914,”([2]) as amended by any subsequent enactment, and by any provision of “The Defence (General) Regulations, 1939,”([3]) and of all other powers enabling him in that behalf, is pleased, by and with the advice of his Privy Council, to order, and it is hereby ordered, as follows :—

1. This Order may be cited as “The Aliens (No. 3) Order, 1949.”

2. After paragraph (5) of Article 18 of “The Aliens Order, 120”([4]), as amended by subsequent orders (which Order, as so amended, is hereinafter referred to as “the principal Order”) there shall be inserted the following paragraph :—

“(5a) Where an alien is found guilty of an offence under this Order consisting of failure to comply with provisions restricting, or imposing conditions as to, his having any article in his possession or under his control, the court may (without prejudice to any other penalty) order that the article shall be forfeited.”

3. After Article 19 of the principal Order there shall be inserted the following Article :—

Entry and search of premises for purpose of seizing certain articles

19A.—(1) A justice of the peace, if satisfied by information on oath that there is reasonable ground for suspecting that there has occurred a contravention of this Order with respect to an alien having any article in his possession or under his control, and that the article is to be found at any premises specified in the information, may grant a search warrant authorising any officer of police of a rank not lower than that of Inspector, or any commissioned officer in His Majesty’s forces, together with any other persons named in the warrant and any other constables or members of His Majesty’s

  1. Statutory Rules and Orders, 1940, No. 890.
  2. Vol. CVILI, page 3.
  3. Statutory Rules and Orders, 1939, No. 927.
  4. Vol. CXIII, page 45.