350
THE HONGKONG GOVERNMENT GAZETTE, 17TH JUNE, 1865.
Commencement of
Ordinance.
any Portion or Portions of his Imprisonment, or of his Imprisonment with Hard Labour, not exceeding One Month at any One Time, and not exceeding Three Months in One Year.
any
52. This Ordinance shall commence and take effect on the Fourteenth Day of June, in the Year One Thousand Eight hundred and Sixty-five.
Passed the Legislative Council of Hongkong, this 3rd Day of June, 1865.
L. D'ALMADA È CASTRO, Clerk of Councils.
GOVERNMENT NOTIFICATION.
The following Bill, which was read a first time at a Meeting of the Legislative Council held on the 2nd Instant, is published for general information.
By Order,
Council Chamber, Hongkong, 17th June, 1865.
Title.
Preamble.
Interpretation of
terms.
In certain cases of Piracy by Chinese
Subjects the Magis- trate shall commit
L. D'ALMADA E CASTRO,
Clerk of Councils.
An Ordinance for the Rendition in certain cases of Chinese Subjects charged with Piracy.
[
1865.]
Whereas it is expedient to make Provision for the rendition for trial in certain cases to the Chinese Authorities of such Chinese Subjects as shall be charged within the Colony of Hongkong with the crime of Piracy: Be it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
1. In the Interpretation of this Ordinance the Term “Colonial Waters" shall mean the Waters of the Colony of Hongkong.
The Term "Magistrate" shall mean any Magistrate of Police or Justice of the
Peace for the said Colony.
The Term "Chinese Authorities" shall mean any Officer or Officers of the Chinese
Government.
The Term "Governor" shall mean the Officer Administering the Government of
Hongkong for the time being.
2. Whenever any Chinese Subjects shall be brought before a Magistrate upon a charge of Piracy and it shall appear at the close of the Investigation of the said charge that the alleged Piracy has not been committed within Colonial Waters or against such Chinese Subjects British Subjects or Residents of Hongkong the said Magistrate shall commit such forward the Deposi- Chinese Subjects for safe Custody to prison and shall transmit to the said Governor the tions to the Governor. Minutes of such Investigation and all Documents in his possession connected therewith.
to Prison and shail
issue his Warrant or
The Governor may 3. It shall be lawful for the said Governor if he shall in his discretion think fit to Order for the rendition issue his Warrant or Order to any Magistrate or Gaoler or to the Captain Superintendent of such Chinese Sub- of Police for the transmission and delivery over of such Chinese Subjects to the Chinese
Authorities for trial.
jects to the Chinese
Authorities.
Power to revoke or caneel such Warrant or Order.
Protection to Offi-
authority of this Ordinance.
4. It shall be lawful for the said Governor at any time before the actual rendition or delivery of such Chinese Subjects as aforesaid to revoke and cancel any Warrant Order issued in pursuance of this Ordinance and upon such revocation or cancellati or in case the said Governor shall not think fit to issue any such Warrant or Orde such Chinese Subjects shall be dealt with as if this Ordinance had not been passed.
5. The Proof of any Warrant or Order issued by the Governor by virtue of tl' cers acting under the Ordinance shall be a sufficient justification upon the return to any Writ of Hal
Corpus and a sufficient answer to any Action brought against any Magistrate, Gaoh Officer of Police or other Person for anything done in obedience to such Warrant Order and every Person against whom such Writ shall be issued or such Acti brought shall be entitled to a Judgment or Verdict in his favor and to his Costs → between Attorney and Client.
Proviso as to
6. Nothing herein contained shall be construed to affect in any way the Provisi Ordinance 2 of 1850. of Ordinance No. 2 of 1850.