Production
of Warrant of Transmission.
Proof of Identity.
Authentica-
tion of
Warrant of Transmission,
Offender may show Cause.
Committal by Magistrate.
Magistrate to
report to
Governor.
Governor may
up of the Offender to a Consular
Person,
ORDINANCE No. 14 or 1872.
Detention of Foreign Offenders.
1. There must be the Production before the Magistrate of the Warrant or other Official Document authorizing the Transmission of the Offender for Trial or Punishment as aforesaid;
2. In every Case, Proof of the Identity of the Offender must
be given to the Satisfaction of the Magistrate; 3. The Warrant or other Official Document of Transmission shall be sufficiently proved if it purport to bear the Signature and Seal of a Diplomatic or Consular Officer On Clune or Japan of the Foreign Government, of which such Offender is a Subject, and for the Purposes of this Ordinance the Warrant or other Document so authenti- cated shall be deemed and taken to have been legally issued and shall be Evidence of all Facts stated therein; 4. The Offender shall be asked if he has any valid Cause to show why he should not be committed to Gaol to await the Order of the Governor,
VI. If the Offender shall fail to show Cause to the Satisfaction of the Magistrate why he should not be committed, the Magistrate shall commit him to Gaol there to await the Order of the Governor. VII. The Magistrate before whom the Offender shall be brought under this Ordinance shall, at the Conclusion of the Case, send a Report thereon to the Governor.
曲
VIII. The Governor may, after the Committal of the Offender order Delivery to Gaol as aforesaid, issue an Order directed to the Superintendent of the Gaol for the Delivery up of the Offender to the Consular Officer of the said Foreign Government, or other Person mentioned Officer or other in such Order, at such Place within the Colony, and in such Manner as may be specified by the said Order for the Purpose of his Transmission as aforesaid," and the Offender shall be delivered Custody of up accordingly; and if he shall escape out of any Custody to Offender after which he shall be committed, or to which he shall be delivered as aforesaid, it shall be lawful to retake him in the same Manner as any Person accused of any Felony committed within the Colony may be retaken on an Escape.
Delivery to Consular
Officer, &e.
The Governor may issue Order of Relcase.
Protection to Magistrate, Gaoler, &c., acting under Ordinance.
Forms in
be used.
IX. The Governor may at any Time before the Offender shall have been convered ont of the Colony, issue an Order for his Release from Custody under this Ordinance, and thereupon the Offender shall be forthwith discharged from such Custody.
X. If any Action be brought against a Magistrate, Gaoler, Officer of Police, Consular Officer, or any other Person whomsoever for anything done in obedience to, or in pursuance of any Warrant or Order issued under the Provisions of this Ordinance, the Proof of such Warrant or Order shall be a sufficient Answer to such Action; and the Defendant, on such Proof as aforesaid, shall be entitled to a Verdict or Judgment in his Favor, and shall also be entitled to his full Costs of Suit.
XI. The Forms given in the Schedule to this Ordinance, or Schedule may Forms to the like Effect, with such Variations and Additions as Circumstances requiro, may be used for the Purposes therein indi- cated, and Instruments in those Forms shall (as regards the Formu thereof) be valid and suficient.
ORDINANCE No. 14 or 1872.
Detention of Foreign Offenders.
SCHEDULE.
FORMS.
1.
(GOVERNOR'S WARRANT TO MAGISTRATES.)
The Foreign Offenders Detention Ordinonce, 1872.
By His Excellency and Commander-in-Chief of this Colony and its Dependencies.
Governor
To
Pelice Magistrates. Whereas Requisition has been duly made to me pursuant to the above Ordinance for the Apprehension and temporary Detention in Custody of one
now in this Colony
charged with for convicted of] having committed the Crime of
within the Territory of
You are hereby required to govern yourselves accordingly, and to aid in apprehending the said Offender and in committing him to Gaol for the Purpose of his being detained in Custody according to the Provisions of this Ordinance; and for so doing this shall be your Warrant.
Given under my land and the Public Seal of the Colony, at Victoria,
Hongkong, this
Day of
187 L.S.
By Order,
Colonial Secretary.
2.
(WARRANT OF APPREHENSION.]
Whereas His Excellency
Governor, fe.
The Foreign Offenders Detention Ordinance, 1872, Hongkong | To all and each of the Constables of the Hongkong Palice Forec.
to wit. 1
Governor and Commander-in-Chief of this Colony and its Dependencies, by Warrant under his Hand and Seal has signified that pursuant to the above Ordinance, Requisition has been duly made to him for the Apprehension and temporary Detention of
now in this Colony charged with [or convicted of ]
with the Territory of
one
having committed the Crime of
and has required the Police Magistrates to govern themselves accordingly and to aid in apprehending the said Fugitive:
This is therefore to Command you in Hor Majesty's Name forthwith to apprehend the said Offender pursuant to the said Ordinance wherever he may
be found in this Colony, and bring him before me or any other Police Magis- trate sitting in this Court for which this shall be your Warrant.
Oliven under my Haud and Seal, at the Magistrates Court of this Colony,
Day of
this
Lord, 187
L.S.
3.
(WARRANT OF COMMITTAL)
in the Year of Our
Police Magistrate.
The Foreign Offendere Detention Ordinance, 1872.
Hongkong To
to wit.
f of the Hongkong Police Force, and to the Superintendent of Vie-
toria Gaol. Whereas on the
Our Lord, 187
1
Day of
one of the Constables
in the Year of
late of
was brought before me one of the Police Magistrales of this Colony, under the Provisions of the Foreign Offenders Detention Ordinance, 1872.
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