THE HONGKONG GOVERNMENT GAZETTE, 14TH DECEMBER, 1872.
sition the
III. In case Requisition shall at any Time be made to the Upon Requi- Governor by the Consular Officer in this Colony of any Foreign Governor may Government to apprehend and temporarily detain in Custody any issue Warrant Person, who being a Subject of such Foreign Government, and to Police having been accused or convicted of any Crime alleged to have Magistrates. been committed in China or Japan is brought within this Colony in the Course of his Transmission to his own Country for Trial or Punishment, it shall be lawful for the Governor, if he shall in his Discretion think fit, by Warrant under his Hand and Seal, to signify that such Requisition has been made and to require the Police Magistrates to govern themselves accordingly and to aid in apprehending the Person so accused or convicted and hereinafter referred to as the Offender.
IV. Upon the Issue of such Warrant as aforesaid, it shall be Warrant or lawful for any Police Magistrate to issue his Warrant for the Order of Apprehension of the Offender to be dealt with in Manner hereinafter Magistrate. provided.
V. If the Offender be apprehended, he shall be brought forthwith Proceedings before the Magistrate, and the following Conditions and Regula- before the
Magistrate. tions shall be complied with:-
1. There must be the Production before the Magistrate of the Production
Warrant or other Official Document authorizing the of Warrant of Transmission of the Offender for Trial or Punishment as aforesaid;
Transmission.
2. In every Case, Proof of the Identity of the Offender must Proof of
be given to the Satisfaction of the Magistrate;
Identity.
Transmission.
3. The Warrant or other Official Document of Transmission Authentica- shall be sufficiently proved if it purport to bear the tion of Signature and Seal of the Diplomatic or Consular Officer Warrant of in China or Japan of the Foreign Government, of which such Offender is a Subject, and for the Purposes of this Ordinance the Warrant or other Document so authenti- cated shall be deemed and taken to have been legally issued and shall be Evidence of all Facts stated therein; 4. The Offender shall be asked if he has any valid Cause to show why he should not be committed to Gaol to await the Order of the Governor.
VI. If the Offender shall fail to show Cause to the Satisfaction Committal by of the Magistrate why he should not be committed, the Magistrate Magistrate. shall commit him to Gaol there to await the Order of the Governor.
VII. The Magistrate before whom the Offender shall be brought Magistrate to under this Ordinance shall, at the Conclusion of the Case, send a report to Report thereon to the Governor.
Governor.
Offender to a
VIII. The Governor may, after the Committal of the Offender Governor may to Gaol as aforesaid, issue an Order directed to the Superintendent order Delivery of the Gaol for the Delivery up of the Offender to the Consular up of the Officer of the said Foreign Government, or other Person mentioned Consular in such Order, at such Place within the Colony, and in such officer or other Manner as may be specified by the said Order; and the Offender Person. shall be delivered up accordingly; and if he shall escape out of Custody of any Custody to which he shall be committed, or to which he shall Offender after be delivered as aforesaid, it shall be lawful to retake him in the Delivery to same Manner as any Person accused of any Felony committed Officer, &c. within the Colony may be retaken on an Escape.
Consular
IX. The Governor may at any Time issue an Order directed to The Governor the Superintendent of the Gaol for the Release of the Offender may issue from Custody under this Ordinance, and thereupon the Offender Order of shall be forthwith discharged from such Custody.
Release,
Ordinance.
X. If any Action be brought against a Magistrate, Gaoler, Protection to Officer of Police, Consular Officer, or any other Person whomsoever Magistrate, for anything done in obedience to, or in pursuance of any Warrant Guoler, &c., or Order issued under the Provisions of this Ordinance, the Proof acting under of such Warrant or Order shall be a sufficient Answer to such Action; and the Defendant, on such Proof as aforesaid, shall be entitled to a Verdict or Judgment in his Favor, and shall also be entitled to his full Costs of Suit.
XI. The Forms given in the Schedule to this Ordinance, or Forms in Forms to the like Effect, with such Variations and Additions as Schedule may Circumstances require, may be used for the Purposes therein indi - be used. cated and Instruments in those Forms shall (as regards the Form thereof) be valid and sufficient.
SHCEDULE.
FORMS. 1.
(GOVERNOR'S WARRANT TO MAGISTRATES.) The Foreign Offenders Detention Ordinance, 1872.
By His Excellency and Commander-in-Chief of this Colony and its Dependencies.
To
Governor
Police Magistrates.
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