THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905.
1297
offences, &c.
39.—(1.) In cases of mur der or manslaughter if either the death, or the Admiralty criminal act which wholly or partly caused the death, happened within the jurisdiction of a Court acting under this Order, that Court shall have the like jurisdiction over any British subject who is accused either as the principal offender, or as accessory before the fact to murder, or as accessory after the fact to murder or manslaughter, as if both the criminal act and the death had happened within that jurisdiction.
(2.) In the case of any offence committed on the high seas, or within the Admiralty jurisdiction, by any British subject on board a British ship, or on board a foreign ship to which he did not belong, the Court shall, subject to the provisions of this Order, have jurisdiction as if the offence had been committed within the jurisdiction of that Court. In cases tried under this Article no different sentence can be passed from the sentence which could be passed in England if the offence were tried there.
(3.) The foregoing provisions of this Article shall be deemed to be adaptations, for the purposes of this Order and of the Foreign Jurisdiction Act, 1890, of the following enactments, that is to say :-
The Admiralty Offences (Colonial) Act. 1849. The Admiralty Offences (Colonial) Act, 1860.
The Merchant Shipping Act, 1894, Part XIII.
And those enactments shall apply accordingly and be administered in China and Corea.
Apprehension and Custody of Accused Persons.
accused
40.-(1.) Where a person accused of an offence is arrested on a warrant Bringing issuing out of any Court, he shall be brought before the Court within forty-eight befor Court. hours after the arrest. unless in any case circumstances unavoidably prevent his being brought before the Court within that time, which circumstances shall be recorded in the Minutes.
(2.) In every case, he shall be brought before the Court as soon as circun- stances reasonably admit, and the time and circumstances shall be recorded in the Minutes.
41.-(1.) Where an accused person is in custody, he shall not be remanded Remand. at any time for more than seven days, unless circumstances appear to the Court to make it neccessary or proper that he should be remanded for a longer time, which circumstances, and the time of remand, shall be recorded in the Minutes.
(2.) In no case shall a remand be for more than fourteen days at one time, unless in case of illness of the accused or other case of necessity.
ship.
42. Where the Supreme Court or a Provincial Court issues a summons or Detention of warrant against any person on complaint of an offence committed on board of, or in relation to, a British ship, then, if it appears to the Court that the interests of public justice so require, the Court my issue a warrant or order for the detention of the ship, and may cause the ship to be detained accordingly, until the charge is heard and determined, and the order of the Court thereon is fully executed, or for such shorter time as the Court thinks fit; and the Court shall have po wer to make all such orders as appears to it necessary or proper for carrying this pro- vision into effect.
43. Every Provincial Court shall execute any writ, order, or warrant issuing Execution from the Supreme Court, and may take security from any person named therein of writs of for his appearance personally or by attorney, according to the writ, order, or Court.
Sup reme