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not more than 100 miles from the coast of China, or within a Chinese ship at such a distance as aforesaid, or within a ship not lawfully entitled to claim the protection of the flag of any State at such a distance as aforesaid, the Court within the jurisdiction whereof he is found may cause him to be apprehended and brought before it, and may take the preliminary examina- tion and commit him for trial.
(2) If the Court before which the accused is brought is a Provin- cial Court, the Court shall report to the Supreme Court the pendency of the case.
The Supreme Court shall thereupon direct in what mode, and where the case shall be heard and determined, and (notwith- standing anything in this Order) the case shall be so heard and determined accordingly.
(3) The provisions of this Order relative to offences and pro- ceedings in criminal matters shall in all respects, as far as may be, extend and apply to every such case, in like manner as if the offence had been committed in China.
87. Where a British subject, being in Hong Kong, is charged with having committed, either before or after the commencement of this Order, any crime or offence within any British or Chinese ship at such a distance as aforesaid, the Supreme Court at Hong Kong shall have and may exercise authority and jurisdiction with respect to the crime or offence as fully as if it had been committed in Hong Kong.
88. The Minister, any Judge or the Registrar, any Consular officer in China, or the Governor of Hong Kong, on receiving satisfactory information that any soldier, sailor, marine, airman, or other person belonging to any of His Majesty's military, naval or air forces has deserted therefrom, and has concealed himself in any British ship at such a distance as aforesaid, may, in pursuance of such information, issue his warrant for a search after and apprehension of such deserter, and, on being satisfied on investigation that any person so apprehended is such a deserter, shall cause him to be, with all convenient speed, taken and delivered over to the nearest military station of His Majesty's forces, or to the officer in command of a ship of war of His Majesty serving in China, as the case may require.
Deportation.
89.-(1) Where it is proved that there is reasonable ground to apprehend that a British subject (a) is about to commit a breach of the public peace, or that the acts or conduct of a British subject are or is likely to produce or excite to a breach of the public peace, or (b) is about to act in a manner prejudicial to the public safety, or to the defence, peace or security of His Majesty's dominions, or of any part of them, or (c) has been guilty of conduct which would in the United Kingdom constitute an offence under the Dangerous Drugs Act, 1920 (10 & 11 Geo. V, c. 46), or under the Vagrancy Acts, or under the
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Criminal Law Amendment Acts, 1885 (48 & 49 Vict., c. 69), and 1912 (2 & 3 Geo. V, c. 20), the Court may, if it thinks fit, cause him to be brought before it, and require him to give security, to the satisfaction of the Court, to keep the peace, or for his future good behaviour, as the case may require.
(2) Where a British subject is convicted of an offence before the Court, the Court may, if it thinks fit, require him to give security to the satisfaction of the Court for his future good behaviour, and for that purpose may (if need be) cause him to be brought before the Court.
(3) In either of the foregoing cases, if the person required to give security fails to do so, the Court may order that he be deported from China to such place as the Court directs, or alterna- tively that he report himself to such Consular officer and at such periods as the Court may direct. Failure to report accordingly shall constitute a grave offence against this Order.
(4) Where a British subject is sentenced to imprisonment for a term of not less than six months, the Court may, as part of the sentence, order that he be deported.
90. Subject to the provisions of this Order, the following pro- visions shall apply to all deportations from China.
(1) The place to which a person may be deported shall be a place in some part (if any) of His Majesty's dominions to which the person belongs, or the Government of which consents to the reception of persons deported under this Order,
(2) A Provincial Court shall report to the Supreme Court any order of deportation made by it and the grounds thereof, before the order is executed. The Supreme Court may reverse the order, or may confirm it with or without variation, and in case of confirmation, shall direct it to be carried into effect.
(3) The person to be deported shall be detained in custody until a fit opportunity for his deportation occurs.
(4) He shall, as soon as is practicable, and in the case of a person convicted, either after execution of the sen- tence or while it is in course of execution, be embarked in custody under the warrant of the Supreme Court on board one of His Majesty's ships of war, or, if there is no such ship available, then on board any British or other fit ship bound to the place of deportation. (5) The warrant shall be sufficient authority to the com- mander or master of the ship to receive and detain the person therein named, and to carry him to and deliver him up at the place named according to the
warrant.
(6 The Court may order the person to be deported to pay all or any part of the expenses of his deportation. Sub- ject thereto, the expenses of deportation shall be defrayed in such manner as the Secretary of State, with the concurrence of the Treasury, may direct.
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