[47 & 48 Vict. c. 31]

Application of Act to

place under

Colonial Prisoners Removal

[A.D. 1884

(3) In relation to persons removed or to be removed, or returned or to be returned, from or to one Province in British India to or from another Province in British India, each Province shall be deemed to be a separate British possession; any reference to the Government or to the Governor in Council and any reference to the Legislature shall, in relation to a Governor's Province, be construed as a reference to the Governor or, as the case may be, to the Provincial Legislature; and any reference to the Government, the Governor or the Governor in Council and any reference to the Legislature shall, in relation to a Chief Commissioner's Province, be construed as a reference to the Governor-General or, as the case may be, to the Indian or Federal Legislature.

15. It shall be lawful for Her Majesty in Council from time to time to direct that this Act shall apply, as if, subject to the conditions, exceptions, and qualifications (if any) contained in foreign juris- the Order, any place out of Her Majesty's dominions in which Her Majesty has jurisdiction, and which is named in the Order, were a British possession and part of Her Majesty's dominions, and to provide for carrying into effect such application.

diction Acts.

Savings. 44 & 45 Vict. c. 58.

32 & 33 Vict.

C. 10.

14 & 15 Vict.

c. 81.

Application of Act to existing

prisoners and criminal lunatics.

Definitions.

16. (1) Nothing in this Act shall affect the provisions of the Army Act, 1881.

(2) This Act shall not affect any agreement made either before or after the passing of this Act under the Colonial Prisoners Removal Act, 1869, nor any provisions contained in the Lunatics Removal (India) Act, 1851.

17. This Act shall apply to a prisoner who has been convicted, and to a criminal lunatic who has become a criminal lunatic, before the passing of this Act, in like manner as if he had been convicted and become a criminal lunatic after the commencement of this Act.

18. In this Act, unless the context otherwise requires, [1 and subject, as respects India, to the provisions of section fourteen A. of this Act,] the following expressions have the following meanings; that is to say,

The expression "British possession" does not include any place within the United Kingdom, the Isle of Man, or the Channel Islands, but includes all other territories and places being part of Her Majesty's dominions, and all territories and places within Her Majesty's dominions which are not part of India and are under one legislature shall be deemed to be one British possession,

The expression "legislature" where there are local legislatures, as well as a central legislature, means the central legislature only, .

[See footnote [1] on p. 15.]

།་

Pag

Pag

A.D. 1884]

Chelsea Hospital

[47 & 48 Vict. c. 32] 17

The expression "Governor" means any person or persons

administering the government of a British possession, The expression "Colonial Secretary" includes a person per- forming the like duties as a Colonial Secretary, whether known as Government Secretary, Chief Secretary to the Government, or by any other title.

The expression "prison" includes any place for the confine- ment or detention of prisoners whether convicted or un- convicted.

The expression "sentence of imprisonment" means any sentence involving confinement in a prison, whether combined or not with labour, and whether known as penal servitude, imprison- ment with hard labour, rigorous imprisonment, imprison- ment, or otherwise, and includes a sentence awarded by way of commutation as well as an original sentence passed by the court.

The expression "criminal lunatic" means a person detained in custody by reason of his having been charged with an offence, and either found to have been insane at the time of such offence, or found or certified or otherwise lawfully proved to be unfit on the ground of his insanity to be tried for the same, and includes a person convicted of an offence and afterwards certified or otherwise lawfully proved to be insane.

CHAPTER XXXII

AN ACT for transferring the Royal Military Asylum at Chelsea from the Commissioners of Her Majesty's Woods, Forests, and Land Revenues to the Commissioners of Her Majesty's Works and Public Buildings.[1]

[28th July 1884.]

[Preamble.}

1. This Act may be cited as the Royal Military Asylum Short title. Chelsea (Transfer) Act, 1884.

Commis-

2. The Royal Military Asylum at Chelsea, with the lands and Transfer of buildings thereon described in the Schedule to this Act, shall by Chelsea virtue of this Act be vested, free and discharged from the lease- Hospital to hold interest in any part thereof of any one of Her Majesty's sioners of Principal Secretaries of State, in the Commissioners of Works, Works. for the estate or interest and purposes, and upon the trusts, and subject to the leases (save as aforesaid) rights of way and other rights (if any), for upon and subject to which the said Asylum and premises or any of them were respectively vested in the Crown or any person or persons on behalf of the Crown immedi- ately before the passing of this Act; and the Commissioners of Works shall have the management of the said Asylum and

[Property, etc., of Commrs. of Works transferred to Min. of Works, 5 & 6

Geo. 6. c. 23: 6 & 7 Geo. 6. c. 5. s. 7.]

ge 9

ge 9

GR 110

IMMEDIATE

CYPHER/CAT A

FM HONG KONG 2103492

RESTRICTED

RESTRICTED

HKK 380/5.

2 : DEC177

No 2D 31/12

A

(37

No Thatcher (Hame off. is 828-9848 x141) £31.

TO IMMEDIATE F.C.O TELNO. 1283 OF 21 DECEMBER 77,

INFO HONG KONG GOVT OFFICE LONDON,

FOR THOMPSON FROM DAVIES YOUR TELNO.949. PRISONERS PUTTOCK AND BASSETT.

ARRIVAL OF PRISONERS IS NOT IMMINENT,

COVERNOR IN COUNCIL

HAS YET TO BE CONSULTED. IN THE LIGHT OF COMMENTS MADE IN THE EXECUTIVE COUNCIL WHEN THE DEATH SENTENCES IN THESE CASES WERE COMMUTED AND OF WHICH THE WRITER OF OUR LETTER (6) IN L/N(2) IN SEC 3/5/3 OF 24 AUGUST WAS UNAWARE, AGREEMENT TO REMOVAL IS AOT A FOREGONE CONCLUSION. IF AND WHEN REMOVAL IS AGREED WE WILL OF COURSE NOTIFY YOU OF REMOVAL ARRANGEMENTS AND DATE AND PLACE OF ARRIVAL.

ROBERTS

FILES

HKYGD (6)

MR MURRAY

RESTRICTED

COPIES

TO

Hong Kong GOVERNMENT OFFICE

LONDON

:

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