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Passports Ordinance (Cap. 61) Consolidated

PA SSP ORTS [CAP. 61. 1

CHAPTER 61

PASSPORTS ORDINANCE

To repeal and re-enact with amendments the law relating to passports.

(10th July, 1928)*

Enacted by ORDINANCE III of 1928, as amended by Ordinance XLV of

1939; Legal Notice 4 of 1963; and Acts: XXXIV of 1965, XXII of 1976 and

XLIX of 1981.

l. This Ordinance may be cited as the Passports Ordinance.

2. In this Ordinance -

"Malta" has the same meaning as is assigned to it by article 124 of the Constitution of Malta;
"the Minister" means the Minister for the time being responsible for matters relating to passports;
"passport" includes a certificate of identity, identity card or other of ficial docum ent issued for t r avel purposes by a competent authority;
the expression "transfer" means the delivery of a passport by any person, whether lawfully or unlawfully in possession thereof, to any other person not entitled to use or have such passport, whether su ch deli very t a k e s place gratui tou s l y o r fo r mo ney o r ot her valuable consideration.

3. Any person who -

(a) being in possession of a passport whether issued to him by a competent authority or not, transfers such passport to any other person; or
(b) receives a passport transferred to him by any other person,
shall, on conviction, be liable to imprisonment for a term not exceeding two years.

4. Any person who makes use, or attempts to make use of a passport issued to any other person, shall, on conviction, be liable to imprisonment for a term not exceeding six months.

5. Any person who forges, alters or tampers with any passport or uses or has in his possession any passport which he knows to be forged, altered or tampered with, shall, on conviction, be liable to imprisonment for a term from six months to two years.

6. Any person who knowingly makes any false statement in any application or recommendation in connection with the issue or r e n e wal of a passpo r t, shall , o n co nv icti on , be liab l e t o imprisonment for a term not exceeding six months.

Short title.

Interpretation. Amended by: XXXIV. 1965.2.

Transfer of passport. Amended by: XLIX. 1981.4.

Use of passport issued to another person.

Amended by: XLIX. 1981.4.

Falsification of passport. Amended by: XLIX. 1981.4.

False statement in application for passport.

Amended by: XLIX. 1981.4.

*See Proclamation No. VIII of the 10th July, 1928.

2 CAP. 61.] PA SSPORTS

Refusal to deliver passport to Passport officer or Police.

7. Any person who, on being required by the Passport officer or the Police to deliver any passport of which he is in possession, shall refuse or fail to do so within the time fixed by such officer or by the Police, shall, on conviction, be liable to imprisonment for a term not exceeding three months:

Provided that the court may if satisfied, after full investigation of all the circumstances, that the passport has been lost, destroyed or otherwise mislaid, impose upon such person a fine (ammenda).

Loss of passport. 8. (1) If any person loses a passport he shall, within seven days after discovering t he l oss, rep ort the same to the Passport Office or at a Police Station either in person or in writing.

(2) If any person finds a passport he shall, within forty-eight hours of finding it, deliver it either to the Passport Office or to the Police.
(3) Any person who fails to report the loss of a passport or to deliver up a passport found by him, shall be liable on conviction to the punishments laid down for contraventions.

Power of Minister to make regulations. Amended by:

L.N. 4 of 1963; XXXIV. 1965.3.

Punishment for non-compliance with regulations. Amended by: XLVI.

1939.2;

L.N. 4 of 1963;

XXXIV.1965.4;

XXII. 1976.4.

Cap. 217.

9. The Minister may, from time to time, make regulations respecting the form, issue, possession, inspection and renewal of passports in Malta and, in respect of passports issued to citizens of Malta, outside Malta, and the visas of passports held by persons landing in or leaving Malta.

10. (1) Any person who contravenes or fails to comply with any regulation made by the Minister under the last preceding article shall be liable on conviction to the punishments laid down or contraventions.

(2) Where the offender under subarticle (1) is a person other than a citizen of Malta, the court may also, on conviction, order such offender to leave Malta and the provisions of the Immigration Act, relative to a Removal Order under that Act, shall apply in such case.

Trial of offences.

Added by:

XXXIV. 1965.5.

11. Where any of the offences referred to in articles 3, 4, 5, 6 and 10 is committed outside Malta in relation to a passport issued to a citizen of Malta, the offender may in Malta be prosecuted, tried and punished in the same manner and to the same extent as if the offence had been committed in Malta.