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THE HONGKONG GOVERNMENT GAZETTE, 21ST DECEMBER, 1872.
Interpretation. II. In the Interpretation of this Ordinance, the Term “Consular
"Consular Officer."
"Superintend-
Officer" includes a Consul General, Consul, Vice-Consul, Consular Agent, and any Person for the Time being discharging the Duties of Consul General, Consul, Vice-Consul, or Consular Agent.
The Term "Superintendent of the Gaol" includes the Superin- ent of Gaol." tendent of Victoria Gaol or the Keeper of any Prison or Place of
Custody for Criminals within this Colony.
Upon Requi- sition the
Governor may
issue Warrant to Police
Magistrates.
Warrant or Order of
Magistrate.
Proceedings before the Magistrate.
Production
of Warrant of Transmission.
Proof of Identity. Authentica- tion of
Warrant of Transmission.
Offender may show Cause.
Committal by Magistrate.
Magistrate to report to Governor.
Governor may
up of the Offender to a Consular
Person.
III. In case Requisition shall at any Time be made to the Governor by the Consular Officer in this Colony of any Foreign Government to apprehend and temporarily detain in Custody any Person, who being a Subject of such Foreign Government, and having been accused or convicted of any Crime alleged to have 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 the Seal of the Colony 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 lawful for any Police Magistrate to issue his Warrant for the Apprehension of the Offender to be dealt with in Manner hereinafter provided.
V. If the Offender be apprehended, he shall be brought forthwith before the Magistrate, and the following Conditions and Regula- tions shall be complied with:-
1. There must be the Production before the Magistrate of the Warrant or other Official Document authorizing the Transmission of the Offender for Trial or Punishment as aforesaid;
2. In every Case, Proof of the Identity of the Offender must
be given to the Satisfaction of the Magistrate; 3. The Warrant or other Official Document of Transmission shall be sufficiently proved if it purport to bear the Signature and Seal of a Diplomatic or Consular Officer 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 of the Magistrate why he should not be committed, the Magistrate shall commit him to Gaol there to await the Order of the Governor.
VII. The Magistrate before whom the Offender shall be brought under this Ordinance shall, at the Conclusion of the Case, send a Report thereon to the Governor.
VIII. The Governor may, after the Committal of the Offender order Delivery to Gaol as aforesaid, issue an Order directed to the Superintendent of the Gaol for the Delivery up of the Offender to the Consular Officer of the said Foreign Government, or other Person mentioned Officer or other in such Order, at such Place within the Colony, and in such Manner as may be specified by the said Order for the Purpose of his Transmission as aforesaid; and the Offender shall be delivered up accordingly; and if he shall escape out of any Custody to Offender after which he shall be committed, or to which he shall be delivered as Delivery to
aforesaid, it shall be lawful to retake him in the same Manner Consular Officer, &c.
as any Person accused of any Felony committed within the Colony may be retaken on an Escape.
Custody of
The Governor may issue
Order of Release.
Protection to Magistrate, Gaoler, &c., acting under Ordinance.
Forms in
be used.
IX. The Governor may at any Time before the Offender shall have been conveyed out of the Colony, issue an Order for his Release from Custody under this Ordinance, and thereupon the Offender shall be forthwith discharged from such Custody.
X. If any Action be brought against a Magistrate, Gaoler, Officer of Police, Consular Officer, or any other Person whomsoever for anything done in obedience to, or in pursuance of any Warrant or Order issued under the Provisions of this Ordinance, the Proof 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 Schedule may Forms to the like Effect, with such Variations and Additions as Circumstances require, may be used for the Purposes therein indi- cated, and Instruments in those Forms shall (as regards the Form theroof) be valid and sufficient.
Passed the Legislative Council of Hongkong, this 20th Day of December, 1872.
L. D'ALMADA E CASTRO,
Clerk of Councils.