1-43
Restoration
of persons not tried gr acquitted.
Inter- pretation.
FUGITIVE CRIMINAL
(2) A person to whom this section applies shall not, during the period described in subsection (3) of this section, be dealt with in Hong Kong for or in respect of any offence committed before he was returned to Hong Kong other than—
(a) the offence in respect of which he was returned;
(b) any lesser offence proved by the facts proved for the purposes of
securing his return; or
(c) any other offence in respect of which the Government of the country or Governor of the dependency from which he was returned may consent to his being dealt with.
(3) The period referred to in subsection (2) of this section in relation to a person to whom this section applies is the period beginning with the day of his arrival in Hong Kong on his return as mentioned in subsection (1) of this section and ending forty-five days after the first subsequent day on which he has the opportunity to leave Hong Kong.
15. (1) This section applies to any person accused of an offence under the law of Hong Kong who is returned to Hong Kong as mentioned in section 14(1) of this Act.
(2) If in the case of a person to whom this section applies, either--
(a) proceedings against him for the offence for which he was returned
are not begun within the period of six months beginning with the day of his arrival în Hong Kong on being returned; or
(b) on bis trial for that offence, be is acquitted or discharged absolutely
or conditionally,
the Governor may, if he thinks fit, on the request of that person, arrange for him to be sent back free of charge and with as little delay as possible to the country from which he was returned.
Supplemental
19.—(1) In this Act the following expressions have the meanings hereby assigned to them that is to say: —
Act"
means, in relation to the United Kingdom, the Fugitive Offenders Act 1967 and, in relation to Hong Kong or to any other United Kingdom dependency, that Act as extended to Hong Kong or, as the case may be, to that other dependency;
11
'application for habeas corpus
habeas corpus ad subjiciendum;
44
country includes any territory ;
*
means an application for a writ of
dealt with " means tried or returned or surrendered to any country
or detained with a view to trial or with a view to such return or surrender;
designated Commonwealth country" and "
United Kingdom depen.
dency" have the meanings assigned by section 2 of this Act;
Full Court" means the Full Court of Hong Kong:
Governor ", in relation to any country other than Hong Kong or
a country mentioned in subsection (2) of this section, means the person
or persons administering the government of that country;
"Governor ". in relation to Hong Kong, means the Governor of Hong Kong and includes any person or persons administering the government of Hong Kong:
"imprisonment "includes detention of any description:
H
'permanent magistrate" means a person appointed to be a permanent magistrate under the Magistrates Ordinance;
S.I. 1967/1911
P
race includes tribe;
* Supreme Court " means the Supreme Court of Hong Kong;
* United Kingdom ” includes the Channel Islands and the Isle of Man.
(2) In this Act references to the Governor shall be construed :- (a) in relation to Abu Dhabi, Bahrain, the Northern Trucial States and Qatar as references to Her Majesty's Political Resident in the Persian Gulf and includes any person authorised to act for him;
(b) in relation to Brunci as references to the Government of Bruaci ; (c) in relation to the New Hebrides as references to Her Majesty's High Commissioner for the Western Pacific and, to the extent that authority to perform functions under this Act may be assigned by the High Commissioner to the Resident Commissioner for the New Hebrides, to the Resident Commissioner ;
(d) in relation to Swaziland as references to Her Majesty's Commis-
sioner for Swaziland;
(e) in relation to Touga as references to the Premier of Tonga.
(3) For the purposes of this Act a person convicted of an offence
in his absence shall be treated as a person accused of that offence.
$289
21.-1) Subject to the provisions of this section, the enactments described. Repeals and
in Schedule 2 to this Act are hereby repealed as respects Hong Kong to transitional the extent specified in the third column of that Schedule.
provisions.
(2) The repeals effected by subsection (1) of this section shall not affect the operation of the Fugitive Offenders Act 1881(a) in any case where. before the date on which that subsection comes into force, a warrant endorsed under section 3 of that Act, or a provisional warrant issued under section of that Act, has been executed in Hong Kong:
Provided that for the purposes of proceedings under that Act-
(i) in respect of a fugitive from a designated Commonwealth country or from the Republic of Ireland, section 4(1) of this Act shall apply as if-
(a) for the reference to this Act there were substituted a refersace
to bat Act; and
(b) for references to the court of committal and the order of com- mittal there were substituted references to the magistrate before whom that person is brought under section 5 of that Act and the order of that magistrate;
(ii) in respect of a fugitive from the United Kingdom or a United King- dom dependency, the Governor shall have the same discretion to make Do order for return if be considers. on any such grounds as arc mentioned in paragraphs (a) to (c) of section 4(1) of this Act that the order ought not to be made, as he would have under section 9(3) of this Act in proceedings under this Act.
(3) Without prejudice to subsection (2) of this section, this Act applies to odeaces committed before as well as after the coming into force of this Act
22-(1) The provisions of this Act other than this section shall come Commence- into force on such date as the Governor may by order appoint.
(2) Different dates may be appointed under this section for different provisions of this Act, and different dates may be so appointed for any such provision or provisions in relation to different countries.
(a) 1881 c. 69.
mcat.