deport shall, unless a hearing is waived in writing, be brought before such officer of the Immigration Service as the Chief, Immigration Service, designates, and given a hearing to show cause why he should not be deported. This paragraph and other provisions governing hearings and related procedures do not apply to cases of deportation following service of a sentence of imprisonment in the Canal Zone. Such cases are governed by § 59.62.

(b) A detained person whom it is proposed to exclude is entitled to a hearing before a designated officer of the Immigration Service to show cause why he should not be excluded if:

(1) He is a person who is legally present in the Republic of Panama; or

(2) He is a person who has been given temporary-entry authorization into the Canal Zone and the period for which such entry was authorized has not yet expired.

(c) A detained person who has been entered provisionally, and all other persons found in the Canal Zone not expressly given the right to a hearing under the provisions of paragraph (b) of this section, including persons whose temporary-entry authorization has expired, are not entitled to a hearing and may be excluded on order of the Chief, Immigration Service.

§ 59.54 Procedure at hearing.

(a) At a hearing under § 59.53 the person detained under the order of detention shall be allowed to inspect the detention order, a copy of which was served upon him at the time he was taken into custody, and he shall be asked to state whether he desires counsel or waives his right to counsel. His reply shall be entered on the record.

(b) Counsel, if selected, shall be afforded reasonable time to consult with the detained person unless counsel has already done so prior to the time of the hearing or advises that no such time is desired. The person detained or counsel on his behalf may present any evidence relevant and material to a showing of cause why he should not be deported or excluded.

(c) If during the hearing it appears that there exists a reason in addition to those stated in the order of detention why the person named in the order should be deported or excluded, he shall be notified that such additional charge will be placed against him and he shall

be given an opportunity to show cause why he should not be deported or excluded therefor.

(d) The hearing may be continued from time to time as may appear necessary or desirable in the discretion of the officer conducting the hearing.

§ 59.55

Witnesses at hearing; oaths; documents.

(a) The officer conducting a hearing under § 59.53 is authorized by 2 C.Z.C. 1101, 76A Stat. 38, to:

(1) Summon witnesses to testify;
(2) Administer oaths; and

(3) Require the production of any books or papers necessary to the investigation.

(b) The officer conducting the hearing shall require the attendance of any witnesses whose names are furnished in writing in advance of the hearing by the person concerned unless it appears that the evidence to be given by such witnesses would be unnecessarily cumulative or clearly irrelevant. In order to make such a determination the officer conducting the hearing may require a written summary of the evidence which it is expected will be obtained from the witness.

(c) An employee of the Canal Zone Government or of the Panama Canal Company who is summoned to appear at an exclusion or deportation hearing shall be excused from duty for the purpose of complying with the summons as official business, and the time during which he is absent from regular duty on such official business shall not be charged to his leave.

§ 59.56

Report and recommendation in exclusion hearings or proceedings. The Immigration Officer conducting an exclusion hearing shall prepare and submit to the Chief, Immigration Service, a written report containing a summary of the facts deemed established at the hearing, and his opinion and recommendation as to whether the person concerned comes within a class of persons subject to exclusion and as to whether such person should be excluded from the Canal Zone. In exclusion proceedings in which no hearing is required under this part, the Immigration Officer handling the case shall prepare and submit a summary report of the facts, with his recommendation, to the Chief, Immigration Service.

§ 59.57 Final action excluding person.

When, after receiving the report and recommendation as provided by § 59.56 the Chief, Immigration Service, finds that the person concerned comes within a class of persons subject to exclusion from the Canal Zone and should be excluded therefrom, such officer shall forthwith order and cause such person to be excluded from the Canal Zone. If such person is under detention, the detention may be continued until the exclusion is accomplished, and if he is not under detention he may be detained by the Police Division on the written order of the Chief, Immigration Service. At the time the order for exclusion is accomplished, or at any time prior thereto, a copy of the order excluding the excluded person shall be served upon him together with a copy of the text of §§ 59.111 through 59.114, which provide for passage through the Canal Zone by persons excluded therefrom who are legally in the Republic of Panama.

§ 59.58 Arrangements for removal of excluded person.

Arrangements for the removal of a person excluded from the Canal Zone shall be made by the Immigration Service. Wherever possible such arrangements shall be made with the owner of or interest controlling the carrier by which such excluded person was brought to the Canal Zone or with such other person, e.g. an employer, responsible for bringing the excluded person to the Canal Zone.

§ 59.59 Report and recommendation in deportation hearing.

At the conclusion of a deportation hearing, the officer conducting the hearing shall submit a report thereof, including relevant findings and a transcript of the testimony, to the Chief, Immigration Service. The Chief, Immigration Service, shall prepare a recommendation as to whether the person concerned should or should not be deported, and shall thereupon forward the record of the case, including his recommendation, to the Civil Affairs Director, who shall add his own recommendation thereto and submit such record to the Governor for determination.

§ 59.60 Order of deportation.

If, upon consideration of the report of the hearing and the recommendations

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The Chief, Immigration Service, shall cause the order of deportation to be executed at the earliest practicable opportunity. A copy of the order shall be delivered to the person concerned and if necessary the order shall be read and explained to him. The person concerned shall be placed on board a carrier bound for the place designated in the order and a copy of the order shall be delivered to the person in responsible charge of the carrier. If the deportation is one following service of a sentence of imprisonment in the Canal Zone, there shall be delivered to the person concerned, in addition to the copy of the order of deportation, a copy of the text of 2 C.Z.C. 842, 76A Stat. 32, providing for the punishment of persons who return to the Canal Zone after deportation following the service of a sentence of imprisonment in the Canal Zone, and, if deportation is to the Rupublic of Panama, a copy of the text of §§ 59.111 through 59.114, providing for passage through the Canal Zone by persons deported therefrom who are legally in the Republic of Panama.

§ 59.62 Deportation following imprisonment in the Canal Zone.

(a) The procedure governing deportation of a person following service of a sentence of imprisonment in the Canal Zone shall be as provided in this section.

(b) Except in cases where a prisoner has been granted parole by order of the Governor, the Chief, Police Division, shall consider the case of each person serving a sentence of imprisonment in the Canal Zone Penitentiary, upon the issue whether such person should or should not be deported upon the completion of his sentence. When, after such consideration, it appears to the Chief, Police Division, that a person should be deported, the Chief, Police Division, shall report the case to the Civil Affairs Director with his recommendation for deportation. The Civil Affairs Director shall add his recommendation to the report and submit it to the Governor. If the Governor finds,

either upon the basis of the aforesaid report and recommendations or otherwise, that a person undergoing service of a sentence of imprisonment in the Canal Zone Penitentiary should be deported upon the completion of his sentence, the Governor shall issue an order for the deportation of such person, directed to the Chief, Police Division. The order shall be executed in the manner provided by § 59.61.

(c) Cases of persons serving a sentence of imprisonment in the Canal Zone under sentence other than to the penitentiary may be reviewed and decided under the procedures set forth in paragraph (b) of this section.

Subpart D-Responsibilities of
Vessels

The owner, agent, and officers of a vessel bringing to the Canal Zone a person who has been excluded or deported from the Canal Zone shall adopt all reasonable precautions to prevent the landing of such person at any time or place, other than as expressly permitted and designated by the Immigration Service.

§ 59.82 Duty of arriving vessels to declare passengers, crew members, stowaways, deportees, and repatriates.

(a) Vessels arriving at Canal Zone ports shall declare on forms prescribed by the Chief, Immigration Service, all:

(1) Passengers to be discharged at the Canal Zone;

(2) Passengers remaining on board for other ports with specific mention being made of any person who is being deported from or repatriated to any country;

(3) Crew members on board; and

(4) Stowaways known to be on board. (b) The provisions of paragraph (a) (2) and (3) of this section do not apply to public vessels.

furnished a memorandum in triplicate showing the name, age, nationality, and rating of the crew members proposed to be discharged.

§ 59.84 Signing on of crew members.

When crew members are signed on a vessel, other than crew members signed on a vessel of United States registry or enrollment by a shipping commissioner in the Canal Zone, a memorandum in triplicate showing the name, age, nationality, and rating of the crew members signed on shall be furnished to the Chief Immigration Inspector at the port concerned.

§ 59.85 Members of crew failing to depart from Canal Zone.

Crew members granted provisional entry shall depart from the Canal Zone with their vessels unless they have been legally and regularly separated from their vessels pursuant to § 59.83. Masters, agents, or owners shall report promptly any crew member refusing to sail with the ship to the Chief Immigration Inspector at the port concerned. In such cases the Immigration Inspector shall investigate and upon verification of the facts may issue a detention order to the District Commander, Canal Zone Police, for the apprehension, detention and enforced exclusion of the seaman from the Canal Zone aboard his vessel, or take such other action as may be appropriate in the circumstances, consistently with law and this part. In cases where a vessel has left port before the absence of a crew member is discovered, the Master shall report by radio, if possible, or, if report by radio is not possible, he shall report by mail from the first port of call. A detention order shall thereafter be issued by the Chief Immigration Inspector at the Canal Zone port concerned for the apprehension, detention and exclusion of the crew member. The making of the report required by this section shall not relieve the Master of a vessel of United States registry or enrollment from the duty to make the report required by § 127.7 of this chapter. § 59.86

Outgoing passenger list; failure of passenger to depart.

Three accurate and legible copies of the outgoing passenger list shall be furnished to the Chief, Immigration Service, on forms prescribed by the Canal Zone Government, before clearance will be issued. Three copies of a supplementary

passenger list shall be furnished for passengers embarking at a second Canal Zone port after a vessel has sailed from another Canal Zone port. Notice of any passengers who have been reported as departing but who fail to depart on the vessel shall be given promptly to the Chief, Immigration Service, and three copies of a list of such passengers shall be furnished. If the failure of a passenger to depart on the vessel is not discovered until the vessel has left port, the required notice shall be given by radio if possible, and if radio notice is not possible, the notice shall be given by mail (airmail if possible) from the first port of call.

§ 59.87 Duty of vessel owners respecting return of excluded persons.

The owner or interest operating or controlling a vessel bringing into the Canal Zone a person subject to exclusion under § 59.1 shall return the person to his port of embarkation, or make other arrangements satisfactory to the Immigration Service for his transportation from the Canal Zone, and if directed by the Chief, Immigration Service, to do so, shall return a certificate to the Canal Zone immigration authorities from the proper officials of the port of embarkation stating that the excluded person has been landed at such port or other designated place.

§ 59.88 Duty of vessel masters to ceive excluded persons.

re

When a vessel has brought to the Canal Zone a person subject to exclusion under § 59.1, the master of any vessel owned or controlled by the same interest shall receive such person on board at such time prior to the date of the sailing of his vessel as may be decided upon by the Canal Zone authorities.

Subpart E-Passage Through the

Canal Zone by Excluded or Deported Persons Who Are Legally Present in the Republic of Panama § 59.111 General routes.

A person legally present in the Republic of Panama who has been excluded or deported from the Canal Zone may pass through the Canal zone only over the following routes, and only by the means or modes of travel indicated, where specified:

(a) Between the cities of Panama and Colon: By train of the Panama Railroad

with access to or egress from the Colon Railroad Station (in Cristobal) via 11th Street and Front Street and access to or egress from the Panama Railroad Station (in Ancon) via Frangipani Street, Gaillard Highway and Roosevelt Avenue. (b) Between ports of the Republic of Panama: By vessel transiting the Panama Canal.

(c) Between the city of Panama and west interior points in the Republic of Panama: By vehicle via Thatcher Ferry Bridge approach roads, Thatcher Ferry Bridge and Thatcher Highway, to the boundary line at Arraijan.

(d) Between interior points in the Republic of Panama bordering on the Madden Road and the Madden Lake area: Via Madden Road.

(e) Between interior points in the Republic of Panama bordening on the Madden Road/Madden Lake area and the cities of Panama and Colon: By vehicle via Madden Road to an intersection with Boyd-Roosevelt Highway.

(f) Between west interior points in the Republic of Panama and city of Colon or intermediate points in the Republic of Panama: By vehicle via Thatcher Highway, Thatcher Ferry Bridge and Thatcher Ferry Bridge egress roads to the city of Panama.

(g) Between any points in Panama involving use of the Colon Corridor: Over Randolph Road at its intersection with Colon Corridor.

§ 59.112

General permit for passage of deported persons between the Republic of Panama and the Panama Freight House in Ancon, Pier 18, Balboa, and the Cristobal Freight House.

A person legally present in the Republic of Panama who has been excluded or deported from the Canal Zone may, for the purpose of conducting business at Panama Customs sites established in the Canal Zone, pass through the Canal Zone by motor vehicle en route to or from said sites over the following highways:

(a) Between the city of Colon and the Cristobal Freight House: Terminal Street from the Canal Zone boundary at Bolivar and 13th Streets to Roosevelt Avenue, Roosevelt Avenue from Terminal Street to Freight House Building No. 1012.

(b) Between the city of Panama and Pier 18, Balboa: Frangipani Street from the Canal Zone boundary to Galliard Highway, Galliard Highway from the Canal Zone boundary to Corozo Street,

Corozo Street, Roosevelt Avenue, Diablo Road from Roosevelt Avenue to Pier Street, Pier Street from Diablo Road to Pier 18 including all public ways and roads open to vehicular traffic adjacent or on Pier 18; or Shaler Road from the Canal Zone boundary to Roosevelt Avenue to Diablo Road to Pier Street to Pier 18; or Balboa Road from the Canal Zone boundary at the Chorillo section of the city of Panama to La Boca Road to Roosevelt Avenue to Diablo Road to Pier Street to Pier 18.

(c) Between the city of Panama and the Panama Freight House in Ancon: Frangipani Street from the Canal Zone boundary to Gaillard Highway, Gaillard Highway from the Canal Zone boundary to Corral Road, Corral Road from Gaillard Highway to the Panama Freight House including all public ways or roads open to vehicular traffic located within the fenced area of the Panama Freight House.

§ 59.113 Passage by excluded or deported persons must be continuous. The passage through the Canal Zone of an excluded or deported person must be continuous, and such person shall not leave the train, vehicle, or vessel in or upon which he is traveling unless it is necessary to do so in case of accident or other emergency; and in that event the person shall resume travel as soon as possible.

§ 59.114 Special permits for entry or passage of deported persons.

A person legally present in the Republic of Panama who has been excluded or deported from the Canal Zone, and who desires to enter or pass through the Canal Zone otherwise than as provided in §§ 59.111 through 59.113, shall do so only after obtaining a special written permit from the Civil Affairs Director. Such permits may be issued only in cases deemed necessary or meritorious, and applications therefor shall be made in writing to the Chief, Immigration Service.

Subpart F-Miscellaneous
Provisions

interest responsible for bringing the person into the Canal Zone. Such cost shall include expenses incident to detention, maintenance, transportation, and transportation of baggage, as well as the actual cost of deportation. Clearance may be withheld from any responsible vessel until such costs have been paid, or their payment has been secured.

(b) In cases in which no person or interest can be held responsible for the cost hereunder, such cost will be paid from Canal Zone Government funds.

(c) Statements of the cost of excluding or deporting persons shall be prepared and presented by the Comptroller, Panama Canal Company, to the person or interest chargeable with such costs. § 59.132 Place of detention.

Persons held for exclusion or deportation may be detained at an immigration station, police station, or other suitable place as designated by the Chief, Immigration Service.

§ 59.133

Release from detention.

A person held under an order of detention issued either in exclusion preceedings or in deportation proceedings may be released on his own recognizance, pending final disposition of the matter, in the discretion of the Chief, Immigration Service.

§ 59.134 Passage through Canal Zone by excluded or deported persons.

A person excluded or deported, other than such a person legally present in the Republic of Panama, who desires to pass through the Canal Zone in order to reach his final destination, shall do so only after obtaining a special written permit from the Chief, Immigration Service. In such a case in which the person transits the Canal by vessel, the permit may be granted only if the person or interest controlling the vessel upon which he arrived at the Canal Zone agrees in writing to bear the expenses of his deportation from the Canal Zone if he is rejected at his final destination and returned to the Canal Zone. § 59.135

Punishment for violations. Whoever violates the provisions of this part shall be punished as provided by 2 C.Z.C. 841(b), 76A Stat. 32, by a fine of not more than $500, or by imprisonment in jail for not more than one year, or by both.