CO129-477 - Public Offices - 1922 — Page 404

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

Series Prev Next

403

please adhere to the position?

pas

12/10/22

Sex fay bed minet

2.1.

6/10/22

A&C

10.10

Sir G.Grindle.

I agree with Mr. Smith

that the ordinary practice under

the Colonial Prisoners Removal Act

is not directly applicable here

though it may be relevant by way of

analogy.

Under that Act the

consent of the receiving country

(whether the United Kingdom or

another Colony) is required in all

cases and as a condition of such

consent a practice has been

established under section 11 of the

Act whereby the removing Colony is

required to pay all expenses.

Here we are concerned with

Article 66 of the China Order in

Council which empowers the local

Court to send a prisoner to Hong

Kong or a place in some part of

His Majesty's Dominions the

Government whereof consents to

receive him. Article 66 has to be

read with section of the Foreign

Jurisdiction Act, 1890, on which it

is based, and that section says

that "The sentence shall be carried

into effect in such place as may be directed by order in Council or be determined in accordance with directions given by Order in

Council".

The question then arises

whether the express mention of

Hong

Edit History

2026-06-14 18:12:15 · NVIDIA / meta/llama-4-maverick-17b-128e-instruct

Live

View comparison

AI Proofread

403please adhere to the position?pas12/10/22Sex fay bed minet2.1.6/10/22A&C10.10Sir G.Grindle.I agree with Mr. Smiththat the ordinary practice underthe Colonial Prisoners Removal Actis not directly applicable herethough it may be relevant by way ofanalogy.Under that Act theconsent of the receiving country(whether the United Kingdom oranother Colony) is required in allcases and as a condition of suchconsent a practice has beenestablished under section 11 of theAct whereby the removing Colony isrequired to pay all expenses.Here we are concerned withArticle 66 of the China Order inCouncil which empowers the localCourt to send a prisoner to HongKong or a place in some part ofHis Majesty's Dominions theGovernment whereof consents toreceive him. Article 66 has to beread with section of the ForeignJurisdiction Act, 1890, on which itis based, and that section saysthat "The sentence shall be carriedinto effect in such place as may be directed by order in Council or be determined in accordance with directions given by Order inCouncil".The question then ariseswhether the express mention ofHong

Baseline (Original)

403please adore in to the position?pas12/10/22Sex fay bed minet2.1.6/10/22A&C10.10Sir G.Grindle.I agree with Mr. Smiththat the ordinary practice underthe Colonial Prisoners Removal Actis not directly applicable herethough it may be relevant by way ofanalogy.Under that Act theconsent of the receiving country(whether the United Kingdom oranother Colony) is required in allcases and as a condition of suchconsent a practice has beenestablished under section 11 of theAct whereby the removing Colony isrequired to pay all expenses.Here we are concerned withArticle 66 of the China Order inCouncil which empowers the localCourt to send a prisoner to HongKong or a place in some part ofHis Majesty's Dominions theGovernment whereof consents toreceive him. Article 66 has to beread with section of the ForeignJurisdiction Act, 1890, on which itis based, and that section saysthat "The sentence shall be carriedinto effect in such place as may[a] be directed by order in Council or [be determined in accordance with directions given by Order inCouncil".The question then ariseswhether the express mention ofHong

2026-06-14 18:12:15 · Baseline

View content

403

please adore in to the position?

pas