Section 106Part 9 — General
Assisting entry in breach of deportation, exclusion or removal order
←→ Navigate · Click subsection badges to collapse · Press ? for help
106. (1) A person who —
does an act which facilitates a breach of a deportation order, exclusion order or removal order in force against an individual; and
knows or has reasonable cause for believing that the act facilitates a breach of the deportation, exclusion or removal order, commits an offence.
Subsection (1) applies to anything done —
in the Islands; or
outside the Islands by a body incorporated under the law of the Islands.
A person who commits an offence under this section is liable on summary conviction to a fine of fifty thousand dollars and to imprisonment for seven years, and the court before which the person is convicted may order the forfeiture of a vehicle or vessel used or intended to be used in connection with the offence if the convicted person —
owned the vehicle or vessel at the time the offence was committed;
was at that time a director, secretary, manager or other responsible officer of a company which owned the vehicle or vessel;
was at that time in possession of the vehicle or vessel under a hire- purchase agreement;
was at that time a director, secretary, manager or other responsible officer of a company which was in possession of the vehicle or vessel under a hire-purchase agreement;
was at that time a charterer of the vessel; or
committed the offence while acting as master of a vessel.
Where a person who claims to have an interest in a vehicle or vessel applies to a court to make representations on the question of forfeiture, the court may not make an order under this section in respect of the vehicle or vessel unless the person has been given an opportunity to show cause why the order should not be made.
Where proceedings are instituted against a person for an offence under this section and either —
the proceedings do not result in his conviction; or
where he is convicted of the offence — Section 106 Immigration Law Page 106 Revised as at 2nd day of July, 2015 c
the conviction concerned is quashed without a conviction for any other offence under this Law being substituted; or the Grand Court may, on an application by a person who held property which was realisable property, order compensation to be paid by the Government to the applicant.
the Governor has granted a pardon in respect of the conviction,
The Grand Court shall not order compensation to be paid in any case unless the Court is satisfied —
that there has been some serious default on the part of a person concerned in the investigation or prosecution of the offence concerned and that, but for that default, the proceedings would not have been instituted or continued; and
that the applicant has suffered substantial loss in consequence of anything done in relation to the property by or in pursuance of an order of the Grand Court.
The amount of compensation to be paid under this section shall be such as the Grand Court thinks just in all the circumstances of the case.
In this section — “realisable property” means any property held by —
a person against whom proceedings have been instituted for an offence under this section; and
another person to whom that person has directly or indirectly made a gift caught by this section, save that such property is not realisable property if a forfeiture order made by the Court in respect of that property is in force.
A gift is caught by this section if —
it was made by a person against whom proceedings have been instituted under this section at any time since the beginning of the period of six years ending when the proceedings were instituted; or
it was made by him at any time and was a gift of property —
received by him in connection with illegal activity carried on by him or another; or hands property received by him in that connection.
which in whole or in part directly or indirectly represented in his
For the purposes of subsection (9), the circumstances in which a person against whom proceedings have been instituted for the offence is to be treated as making a gift include where he transfers property to another person directly Immigration Law (2015 Revision) Section 107 c Revised as at 2nd day of July, 2015 Page 107 or indirectly for a consideration the value of which is significantly less than the value of the consideration provided by him.