CO129-177 - Sir Kennedy Acting Governor Austin Lieut Governor Hennessy - 1877 [1-5] — Page 483

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

481

As it now stands I do not think it would apply to persons convicted in one part of Her Majesty's dominions of an offence committed in another part of Her Majesty's dominions, at sea, or in a Foreign Country; as for example to persons convicted under the provisions of section 19 of the Bill itself; not to persons convicted under the Merchant Shipping Act of offences committed at sea; nor to persons convicted in China or Japan, of offences committed in China or Japan under the provisions of the Chinese and Japan Order in Council 1865. I would therefore suggest that this section should be altered so as to include similar cases to those above referred to.

With regard to Section 3, I would submit that the warrant ought not to be issued solely on the authority of a Justice of the Peace. Taking into consideration the offences for which a warrant may be issued under Section 10; the probability that the Colony from which the warrant issues would have to pay the expenses of the return of the supposed offender; and the liability that may be incurred to the party arrested under Section 8, I do not think that such warrants should be issued or executed except upon the responsibility of the Government demanding the alleged offender.

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481 As it now stands I do not think it would apply to persons convicted in one part of Her Majesty's dominions of an offence committed in another part of Her Majesty's dominions, at sea, or in a Foreign Country; as for example to persons convicted under the provisions of section 19 of the Bill itself; not to persons convicted under the Merchant Shipping Act of offences committed at sea; nor to persons convicted in China or Japan, of offences committed in China or Japan under the provisions of the Chinese and Japan Order in Council 1865. I would therefore suggest that this section should be altered so as to include similar cases to those above referred to. With regard to Section 3, I would submit that the warrant ought not to be issued solely on the authority of a Justice of the Peace. Taking into consideration the offences for which a warrant may be issued under Section 10; the probability that the Colony from which the warrant issues would have to pay the expenses of the return of the supposed offender; and the liability that may be incurred to the party arrested under Section 8, I do not think that such warrants should be issued or executed except upon the responsibility of the Government demanding the alleged offender.
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481 au present stands I do not think it would apply to persons convicted in one part of Ite. Majesty's dominions of offence committed in another part. of the beajesty's dominions, at sea, or in a Foreign Cuntres; as for example & persons convicted under the provision of section 19 of the Bill itself; not to persons convicted under the Merchant Shipping Reto of offences committed at 6 persons convicted in sea; ros to China or Coughing, of offences committed in "Japan under the to provisions of the Chinese and Japan Order in Council 1865 I would therefore deeqject that this section should be altered eo as to include similar cases to there lo above referred to. With regard to lection 3 I would Submich that the warrant ought not to be issued solely on the authority of a Justice of this Peace. Taking into consideration the offences for offences for which a warrant may be issued under section to ; the probability that the Colony from which the warrant issues the expenses of have to pay would have to the return of the suppored offender ; and the liability, that may be nccurred to the party arrested under lection 8 I do not think there warrants Chould be issued or executed except upon the responsibility of the Government. demanding the alley & offender.
2026-05-21 16:30:46 · Baseline
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481

au

present stands I do not think it would apply to persons convicted in one part of Ite. Majesty's dominions of offence committed in another part. of the beajesty's dominions, at sea, or in a Foreign Cuntres; as for example & persons convicted under the provision of section 19 of the Bill itself; not to persons convicted under the Merchant Shipping Reto of offences committed at

6 persons convicted in

sea; ros to

China or

Coughing, of offences committed in

"Japan under the

to provisions of the Chinese and Japan Order in Council 1865 I would therefore deeqject

that this section should be altered

eo as to include similar cases to there

lo

above referred to.

With regard to lection 3 I would Submich that the warrant ought not to be issued solely on the authority of a Justice of this Peace. Taking into

consideration the offences for

offences for which

a warrant may be issued under section to ; the probability that the

Colony from which the warrant issues

the expenses of have to pay

would have to

the return of the suppored offender ;

and the liability, that may

be nccurred

to the party arrested under lection 8 I do not think there warrants Chould be issued or executed except upon

the

responsibility of the Government. demanding the alley & offender.

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