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that Act, and section six hundred and ninety-three of the Merchant Shipping
Act, 1894 (which relates to the levying of sums ordered to be paid by
distress on a ship), shall apply with respect to any fines or other sums of
money to be paid under this Act by the master of a ship as it applies with
respect to fines and other sums of money to be paid under that Act.
A.D. 1905.
(3) Any immigrant who is conditionally disembarked, and any alien in
whose case an expulsion order is made, while awaiting the departure of his
ship, and whilst being conveyed to the ship, and whilst on board the ship
until the ship finally leaves the United Kingdom, and any alien in whose
case a certificate has been given by a court, with a view to the making of an
expulsion order under this Act, until the Secretary of State has decided upon
his case, shall be liable to be kept in custody in such manner as the Secretary
of State directs, and whilst in that custody shall be deemed to be in legal
custody.
(4) If any immigrant, master of a ship, or other person, for the purposes
of this Act, makes any false statement or false representation to an immigration
officer, medical inspector, immigration board, or to the Secretary of State, he
shall be liable on summary conviction to imprisonment for a term not
exceeding three months with hard labour.
(5) If any question arises on any proceedings under this Act, or with
reference to anything done or proposed to be done under this Act, whether
any person is an alien or not, the onus of proving that that person is not an
alien shall lie on that person.
(6) In carrying out the provisions of this Act, due regard shall be had to
any treaty, convention, arrangement, or engagement with any foreign country.
8.—(1) The expression "immigrant" in this Act means an alien steerage
passenger who is to be landed in the United Kingdom, but does not include—
Definitions.
(a) Any passenger who shows to the satisfaction of the immigration officer
or board concerned with the case that he desires to land in the
United Kingdom only for the purpose of proceeding within a
reasonable time to some destination out of the United Kingdom ; or
(b) Any passengers holding prepaid through tickets to some such
destination, if the master or owner of the ship by which they are
brought to the United Kingdom, or by which they are to be taken
away from the United Kingdom, gives security to the satisfaction
of the Secretary of State that, except for the purposes of transit or
under other circumstances approved by the Secretary of State, they
will not remain in the United Kingdom, or, having been rejected
in another country re-enter the United Kingdom, and that they will
be properly maintained and controlled during their transit.