Updated: Sunday June 12, 2011/AlAhad
Rajab 11, 1432/Ravivara
Jyaistha 22, 1933, at 09:06:42 AM
The Enemy Foreigners’ Orders, 1965
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Sections |
Contents |
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Preamble |
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PART I |
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1 |
Short title and extent. |
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2 |
Definitions. |
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PART II |
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3 |
Registration
on departure from |
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4 |
Restriction
on taking out of |
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5 |
Declaration as to property |
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6 |
Restriction on change of residence |
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7 |
Reports of presence and movements |
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8 |
Restriction on movements |
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9 |
Prohibited articles |
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PART III |
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10 |
Internment camps |
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11 |
Arrest and internment of certain enemy foreigners |
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12 |
Temporary detention of internees in civil custody |
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13 |
Personal property internees |
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14 |
Arrest and detention of suspected enemy foreigners |
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15 |
Procedure for the production of internees in Courts |
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16 |
Application of Registration of Foreigners Rules, 1939, and Foreigners Order, 1951, not barred |
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The Enemy Foreigners’ Orders, 1965
S.R.O.
141 (R) 65.- ln exercise of the powers
conferred by Sections 3,4,8 and 10 of the Foreigners Act, 1946 (XXXI of 1946),
and in supersession of the Enemy Foreigners Order, 1939, the Federal Government is pleased to make the
Enemy Foreigners Order, 1965 (Gazette of Pakistan dated 18-11-1965).
PART I
PRELIMINARY
1. Short title and extent.-(1) This Order may be called the Enemy Foreigners Order,
1965.
(2) It extends to the whole of
2.
Definitions.-In this Order, unless there is anything repugnant in the
subject or context:---
(a) 'Act' means the Foreigners Act, 1946
(XXXI of 1946);
(b) 'Civil authority' means the civil authority
appointed under subsection (b) of clause 2 of the Foreigner Order, 1951;
(c) 'Enemy foreigner' means a foreigner who
possesses the nationality of a state at war with
(d) 'internee' means any person arrested or
liable to be arrested under paragraph 11;
(e) 'internment camp' means as internment
camp established under paragraph 10;
(f) 'registered address' means registered
address as defined in the Registration of Foreigners Rules, 1966;
(g) 'Registration Officer' means a
Registration Officer as defined in the Registration of Foreigners Rules, 1966,
and includes such other officer as may be authorised by him to perform the
functions of a Registration Officer under this order.
GENERAL RESTRICTION ON ENEMY FOREIGNER
3. Registration on departure from Pakistan.-(l) No enemy foreigner shall depart from
(a) in relation to an enemy foreigner of the male sex who has attained the age
of sixteen years, by the Federal Government;
(b) in relation to any other enemy foreigner by the civil
authority having jurisdiction over the port from which the enemy foreigner
leave
(2) No enemy foreigner shall depart from
(3) No enemy foreigner shall depart from
4. Restriction on taking out of Pakistan gold and other property.- No
enemy foreigner shall take out of Pakistan,---
(1) any gold;
(2) any property other than:---
(a) personal luggage or effects in such quantity as the
civil authority having jurisdiction over the port or other place at which the
foreigner leave Pakistan, or any other officer authorised by the Provincial
Government in this behalf, may decide to be reasonable, and
(b) resources whether in coin or negotiable instruments, or both not exceeding
the value of one hundred and fifty rupees, with the addition thereto of fifty
rupees in respect of each child travelling with the enemy foreigner.
(3) any such article as is mentioned in sub-paragraph (1) or in clause (a),
(b), (d), (g), (h), or (i) of sub-paragraph (2) of paragraph 9, or without the
permission of the civil authority, any such article as is mentioned in clause
(c) or (e) of sub-paragraph (2) of that paragraph.
5. Declaration as to property.-An enemy foreigner shall at the time of
embarking from
6. Restriction on change of residence.-No enemy foreigner shall change
his residence without the permission in writing previously obtained of the
civil authority for the area to which he purposes to transfer his residence.
7. Reports of presence and movements.-Every enemy foreigner not under
detention or confinement shall:---
(a) report his presence at his registered address once in every twenty-four hours
to the Registration Officer, and
(b) if he is at any time absent from his registered address for more than
twenty-four hours, report once during every day of such absence to the nearest
civil authority:---
Provided that the Registration Officer or the civil authority as the case may
be, may exempt, wholly or partially, any enemy foreigner from compliance with
the paragraph.
8. Restriction on movements.-(1) No enemy foreigner shall travel in
Pakistan over a distance of more than five miles from the place of his
registered address except in accordance with the conditions, and the validity,
or a written permit, previously obtained from the civil authority.
(2) Every permit issued in pursuance of sub-paragraph (1) shall specify the
foreigner's name, nationality and description, place or places which he is
authorised to visit, the purpose of the journey and the date of expiry of the
permit.
9. Prohibited articles.-(l) No enemy foreigner shall have in his
possession or control any firearms or ammunition.
(2) No enemy foreigner shall, without the permission the civil authority, have
in his possession or control:---
(a) any explosive or any material capable of being used for the manufacture of
any explosive;
(b) more than three gallons of inflammable liquid;
(c) any motor-car, motorcycle, sea going craft or air-craft.
(d) any camera or other photographic apparatus;
(e) any wireless apparatus, telephones signalling apparatus, opera, theater of
field glasses, telescopes, monocular or any other instrument designs for, or
capable of being used for, long distance magnification;
(f) any map drawn to a scale, larger than four miles to one Inch;
(g) any nautical chart;
(h) any document intended for the use of members of any armed forces; or any
such document describing or depicting any ship, aircraft, vehicle, weapon or
equipment of a kind used by the armed forces of
PART III
INTERNMENT OF ENEMY FOREIGNERS
10. Internment camps.-The
Federal Government may for the purpose of this order establish internment camps
at such places as it thinks fit, and shall appoint a commandant of every such
camp.
11. Arrest and internment of certain enemy foreigners.-(l) The civil
authority for any area may arrest, or cause to be arrested, any enemy foreigner
of the male sex in that area who has completed the age of sixteen years:---
Provided that nothing in this sub-paragraph shall, except by an express
direction of the Federal Government apply to any Consul-General, Consul,
Vice-Consul. Consular, agent or person duly appointed by a foreign government
to perform diplomatic functions.
(2) Every enemy foreigner arrested under the provisions of sub-paragraph (1)
shall be surrendered, as soon as may be, to the commandant of an internment
camp:---
Provided that if, at the time of his arrest; the enemy foreigner is suffering
from any infections disease, or is by reason of sickness unable to move, the
civil authority making the arrest shall report the matter to the commandant of
an internment camp and await his instruction as to the time at which, and the
internment camp to which, the arrested person should be removed.
(3) Every enemy foreigner surrendered to the Commandant of an internment camp
in pursuance of sub-paragraph (2) shall be confined in an internment camp until
otherwise directed by the Federal Government.
12. Temporary detention of internees in civil custody.- The civil
authority shall, pending the surrender of an internee to the commandant of an
internment camp, detain or confine in such manner and at such place as may to
such authority appear suitable:---
Provided that the manner of such detention or confinement shall not be more
rigorous than the manner, in which an arrested person is detained or confined
while in police custody under the provisions of the Code of Criminal Procedure,
1898 (Act V of 1898).
13.
Personal property internees.-(l) An internee may take with him to an
internment camp such personal property as may be the civil authority arresting
him, and may, subject to the approval of that authority, dispose of the rest of
his personal property in such manner as he desired.
(2) Where an internee is unable to make arrangements for the disposal of such
of his persona! property as he is not allowed to take with him to the
internment camp, the property shall remain in custody of the civil authority
making the arrest or of such other person as may be authorised by or under any
law for the time being in force to take possession of property belonging to
enemy foreigners.
14. Arrest and detention of suspected enemy foreigners.- (1) The civil
authority may arrest without warrant any enemy foreigner, other than an
internee whom is reasonably suspects of having acted for of acting or of being
about to act, with intent to assist a state at war with Pakistan, or in a
manner prejudicial to the public safety of any building or machinery.
(2) The civil authority making an arrest in pursuance of sub-paragraph (1)
shall forthwith report the fact of such arrest to the Federal Government and,
pending the receipt of the order of the Federal Government, shall detain or
confine the arrested person in such manner and at such place as may to such
authority appear suitable:---
Provided that the manner of such detention or confinement shall not be more
rigorous than the manner in which an arrested person is detained or confined
while in police custody under the provisions of the Code of Criminal Procedure,
1898 (Act V of 1898).
15. Procedure for the production of internees in Courts.-(1) No internee
shall be removed from an internment camp for the purpose of appearing in any
civil Court, or, unless his attendance is required for the purpose of answering
a charge of an offence, in any Criminal Court.
(2) If, in any Court the attendance of an internee is required for the purpose
of answering a charge of an offence the provisions of sections 37 38 40 and 41
of the Prisoners Act, 1900 (III of 1900), shall apply as if references in the
said sections to a person, the officer In charge of a prison and the Provincial
Government were references to an internment camp, the commandant of an internment
camp and the Federal Government, respectively.
(3) If, in any case evidence of an internee is required for the purpose of any
proceeding in any civil Court, the provisions of sections 44, 45 and 46 of the
Prisoners Act, 1900 (111 of 1900), shall apply as if reference in the said
sections to a prison and the officer in charge of a prison were references to
an internment camp and the commandant of an internment camp respectively, and
as if in section 44 the words and figures 'who, for any of the causes mentioned
in Sec. 42 or Sec. 43 cannot be removed in clause (a) and clauses (b) and (c)'
were omitted.
(4) If, in any case the evidence of an internee is required in connection with
any proceedings in a criminal Court, it may obtained by the issue of a commission
in accordance with the provisions of Chapter XL of the Code of Criminal
Procedure, 1898.
(5) The provisions of sections 47, 48, 50 and 51 of the Prisoners Act, 1900
(III of 1900), shall apply as if references in the said sections to a person,
the officer in charge of prison and the Provincial Government were references
to an internment camp, the commandant of an internment camp and the Federal
Government, respectively:---
Provided that unless and until the Federal Government makes rules of the nature
described in the said section 51, the rules in force in the province in which
the internment camp is situated shall mutais mutandis be applicable to
internees in that internment camp.
16. Application of Registration of Foreigners Rules, 1939, and Foreigners
Order, 1951, not barred.-The provisions of this order shall be in addition
to, and not in derogation of the provisions of,---
(a) The Registration of Foreigners Rule, 1939, and
(b) The Foreigners Order, 1951.
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