Bermuda Immigration And Protection Amendment Act 1997
BERMUDA IMMIGRATION AND PROTECTION AMENDMENT
ACT 1997

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BERMUDA
1997 : 33

BERMUDA IMMIGRATION AND PROTECTION AMENDMENT
ACT 1997

[Date of Assent 19 December 1997]

[Operative Date ]

WHEREAS it is expedient to amend the Bermuda Immigration
and Protection Act 1956:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title and commencement
1 This Act which amends the Bermuda Immigration and Protection
Act 1956 may be cited as the Bermuda Immigration and Protection
Amendment Act 1997 and shall come into operation on such day as the
Minister may appoint by notice published in the Gazette.

Amends section 16 of Bermuda Immigration and Protection Act
1956
2 Subsection (1) of section 16 of the Bermuda Immigration and
Protection Act 1956 is amended by inserting after "if", "except for a
person referred to in subsection (3) of section 17 or a person referred to
in subsection (2) of section 17 to whom subsection (3) of that section
applies".

BERMUDA IMMIGRATION AND PROTECTION AMENDMENT
ACT 1997

BERMUDA IMMIGRATION AND PROTECTION AMENDMENT
BILL 1997

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Amends section 17 of Bermuda Immigration and Protection Act
1956
3 Section 17 of the Bermuda Immigration and Protection Act 1956
is amended

(a) in subsection (1), by inserting "and" before "with" the
second time the latter word appears and by deleting
"and with the Immigration (Special Provision) Act 1955)";

(b) by deleting subsection (2) and substituting the
following

"(2) Any person who would, on 30 June 1956,
have been deemed domiciled for the purposes of the
Immigration Act 1937 but for section 5(2) thereof shall, if
at least one of his parents was at the date of his birth
domiciled in Bermuda (as "domiciled" is construed in
subsections (5) and (6) of section 18 of this Act), as from
1 July 1956 possess Bermudian status";

(c) by adding thereto the following subsections

"(3) For the purposes of determining whether a
person was deemed to be domiciled for the purposes of
the Immigration Act 1937 on 30 June 1956 under
subsections (1) and (2), a person who was not a British
subject on that date shall be deemed to have been a
British subject on that date if that person's mother,

(a) had she been that person's father, would
have passed to that person on the date of
the person's birth, British nationality
under the United Kingdom Acts; or

(b) before that person's birth, became a
British subject by registering in Bermuda
as British under the United Kingdom
Acts because she was married to a
British subject.

(4) A person who was a British subject on 30
June 1956 shall be deemed to be domiciled for the
purposes of the Immigration Act 1937 on that date
under subsection (1) if that person was the spouse of a

BERMUDA IMMIGRATION AND PROTECTION AMENDMENT
ACT 1997

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person to whom paragraph (a), (b) or (c) of section 5 of
the Immigration Act, 1937 applied on that date, not
living apart from that latter person under a decree of a
competent court or a deed of separation.

(5) In this section "the United Kingdom Acts"
means the British Nationality and Status of Aliens Act
1914, and the British Nationality Act 1948 of the United
Kingdom."

Amends subparagraph D of paragraph 2 of First Schedule A to
Bermuda Immigration and Protection Act 1956
4 Subparagraph D of paragraph 2 of First Schedule A to the
Bermuda Immigration and Protection Act 1956 is amended by deleting "a
person who, in the Minister's opinion," and substituting "a person who
can show that he has had an honest belief that he is Bermudian and
who, in the Minister's opinion, has conducted himself in everyday life as
Bermudian and".