ENEMY FOREIGNERS ORDERS, 1965
Short title and extent.
Registration on departure from Pakistan.
Restriction on taking out of Pakistan gold and other property.
Declaration as to property
Restriction on change of residence
Reports of presence and movements
Restriction on movements
Arrest and internment of certain enemy foreigners
Temporary detention of internees in civil custody
Personal property internees
Arrest and detention of suspected enemy foreigners
Procedure for the production of internees in Courts
Application of Registration of Foreigners Rules, 1939, and Foreigners Order, 1951, not barred
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).
1. Short title and extent.-(1) This Order may be called the Enemy Foreigners Order, 1965.
(2) It extends to the whole of Pakistan including those Tribal Areas to which the Foreigners Act, 1946 (XXXI of 1940) for the time being applies.
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 Pakistan or having possessed such nationality at any time, has lost it without acquiring any other nationality;
(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 Pakistan for a destination outside Pakistan except in accordance with the conditions of a permit issued :-
(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 Pakistan.
(2) No enemy foreigner shall depart from Pakistan for a an destination outside Pakistan across the external land frontiers of Pakistan.
(3) No enemy foreigner shall depart from Pakistan by sea except at the ports of Karachi or Chittagong.
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 Pakistan and on being required so to do by the civil authority or other officer appointed in this behalf by the Provincial Government make declaration as to the property in his possession, and, if so required. shall produce to such, authority or officer, any property or resources in excess of, or other than, those permitted by paragraph to be taken and such authority or officer may search any such foreigner and any luggage for the purpose of giving effect to this order.
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 Pakistan, or any such list of persons in the service of Pakistan, as may be specified by an order of the Federal Government.
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.