CO129-177 - Sir Kennedy Acting Governor Austin Lieut Governor Hennessy - 1877 [1-5] — Page 485

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed
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to prison under the 5th section of the Bill, and in cases of difficulty, the Attorney General or other law officer would probably be consulted before it was sent abroad for execution.

In the Crown Colonies at least I think it would be advisable to leave the endorsing of the warrant in the Colony to which it is forwarded to the Governor. He would be advised in nearly all cases to endorse the warrant if it appeared to be duly authorized, leaving it to the party accused to proceed before the Judges of the superior Court by Habeas Corpus, or in case of any difficulty, to avoid responsibility he might be advised to raise the question before one of the judges himself, but as the judges would have to decide in the event of any question being raised, I think it just as well that they should not be asked to endorse the warrant in the first instance.

With regard to section 4 the Law Officers of the Crown have recently given it as their opinion under "The Chinese and Japan Order in Council 1865" in respect to a person accused of a crime committed at sea, by telegram from the Hongkong Police to the Shanghai Police - "That a telegram conveying information

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to prison under the 5th section of the Bill, and in cases of difficulty, the Attorney General or other law officer would probably be consulted before it was sent abroad for execution. In the Crown Colonies at least I think it would be advisable to leave the endorsing of the warrant in the Colony to which it is forwarded to the Governor. He would be advised in nearly all cases to endorse the warrant if it appeared to be duly authorized, leaving it to the party accused to proceed before the Judges of the superior Court by Habeas Corpus, or in case of any difficulty, to avoid responsibility he might be advised to raise the question before one of the judges himself, but as the judges would have to decide in the event of any question being raised, I think it just as well that they should not be asked to endorse the warrant in the first instance. With regard to section 4 the Law Officers of the Crown have recently given it as their opinion under "The Chinese and Japan Order in Council 1865" in respect to a person accused of a crime committed at sea, by telegram from the Hongkong Police to the Shanghai Police - "That a telegram conveying information Page 483
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to prison under the 5th lection of the Bill, and in cases of difficult, the Attorney General or other law officer d probably be the warrant was of the trown would consulted before Und abroad for Execution. In the Crown Colonies at least I think it would be advisable to leave the Endorsing of the warrant in the Colony to which it is forwarded to the Governor. He would be advised in hearly all cases to Endorse the warrant if it appeared to be duly authorized, having it to the party accused to proceed before the Judges of the superior Court by Stabeas Corpus, or in case of any difficulty, to avoid respon 483 he hight be advised to raise the question before one of the judges himself, but as the judges would. have to decide in the event of any question being raised, I think it Just as well that they should not be asked to Endorse the warrant in the first sustance. With regard to section 4 the Fugland Law Officers of the Crown in have recently, given it as their opinion under " The Chinese and Japan Order in " Council 1865 in respect to a person. accused of a a crème counnitted at rea by Telegram from the Stonghong Police to the Thanghai Police - "That a Selegre rand conveying Information
2026-05-21 16:30:58 · Baseline
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to prison under the 5th lection of the Bill, and in cases of difficult, the Attorney General or other law officer

d probably

be

the warrant was

of the trown would consulted before Und abroad for

Execution.

In the Crown Colonies at least

I think it would be advisable to leave

the Endorsing of the warrant in the Colony to which it is forwarded to the Governor. He would be advised in hearly all cases to Endorse the warrant if it appeared to be duly authorized, having it to the party accused to proceed before the Judges of the superior Court by Stabeas Corpus,

or in case of any difficulty, to avoid respon

483

he hight be advised to raise the question before one of the judges himself, but as the judges would. have to decide in the event of any

question being raised, I think it

Just

as well that they should not be asked to Endorse the warrant in the

first sustance.

With regard to section 4 the

Fugland Law Officers of the Crown in have recently, given it as their opinion under " The Chinese and Japan Order

in "

Council 1865 in respect to a person. accused of a

a crème counnitted at rea

by Telegram from the Stonghong Police to the Thanghai Police -

"That a Selegre

rand conveying

Information

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