CO129-177 - Sir Kennedy Acting Governor Austin Lieut Governor Hennessy - 1877 [1-5] — Page 376

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

100 miles from the Coast of China and under Section 67 prisoners may be sent by the Judge of the Supreme Court for China and Japan Hongkong for trial, but otherwise it is declared by section 160 as follows: "save as expressly provided by this Order all jurisdiction power authority of the Supreme Court of Hongkong exercisable in relation to British subjects resident in or resorting to China and Japan shall from the commencement of this Order absolutely cease."

With regard to the question it seems to me to be clear that both the Supreme Court of China and Japan and one of the Provincial Courts that of Canton I presume have concurrent jurisdiction to deal with cases such as those under consideration. But it is questionable whether the powers given are sufficient when the offence charged is committed so near to Hongkong as the present and the offender withdraws into British territory.

Section 64 of the Order in Council gives the power to every Court to cause to be apprehended and brought before it any British Subject being within the District of the Court, and charged with having committed a crime.

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PA to 100 miles from the Coast of China and under Section 67 prisoners may be sent by the Judge of the Supreme Court for China and Japan Hongkong for trial, but otherwise it is declared by section 160 as follows: "save as expressly provided by this Order all jurisdiction power authority of the Supreme Court of Hongkong exercisable in relation to British subjects resident in or resorting to China and Japan shall from the commencement of this Order absolutely cease." With regard to the question it seems to me to be clear that both the Supreme Court of China and Japan and one of the Provincial Courts that of Canton I presume have concurrent jurisdiction to deal with cases such as those under consideration. But it is questionable whether the powers given are sufficient when the offence charged is committed so near to Hongkong as the present and the offender withdraws into British territory. Section 64 of the Order in Council gives the power to every Court to cause to be apprehended and brought before it any British Subject being within the District of the Court, and charged with having committed a crime. Page 374

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** PA to 100 miles from the Coast of China and under Section 67 prisoners may be sent by the Judge of the Supreme Count for China and Japan Hongkong for trial, but otherwise it is declared by section 160 as — follows: "save as expressly provided by this Order all jurisdiction power authority of the Supreme Court of Hongkong exersiscable in relation "to British subjects resident in or_ Japan shall "and aut resorting from to China the commencement of this "Order absolutely ecaser" With regard to the que question it seems to me to be clear that both the Supreme Court of China { 374 and Japan and one of the Provincial Courts that of Canton I presume have concurrent jurisdiction to deal with cases such as those under Are consideration. But it is questionable whether the powers given a sufficient when the offence charged is committed so near to Honghong as the present and the offender withdraws into British territory Section 64 of the Order in Council Court to gives the power to every cause to be apprehended and _ : brought before it any British Subject being within the District of the Court, and charged with having committed a vine By

2026-05-21 16:15:30 · Baseline

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** PA

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CO129-177 - Sir Kennedy Acting Governor Austin Lieut Governor Hennessy - 1877 [1-5] — Page 376

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