CO129-477 - Public Offices - 1922 — Page 404

403

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10.10

Sir G.Grindle.

I agree with Mr. Smith

that the ordinary practice under

the Colonial Prisoners Removal Act

is not directly applicable here

though it may be relevant by way of

analogy.

Under that Act the

consent of the receiving country

(whether the United Kingdom or

another Colony) is required in all

cases and as a condition of such

consent a practice has been

established under section 11 of the

Act whereby the removing Colony is

required to pay all expenses.

Here we are concerned with

Article 66 of the China Order in

Council which empowers the local

Court to send a prisoner to Hong

Kong or a place in some part of

His Majesty's Dominions the

Government whereof consents to

receive him. Article 66 has to be

read with section of the Foreign

Jurisdiction Act, 1890, on which it

is based, and that section says

that "The sentence shall be carried

into effect in such place as may [a] be directed by order in Council or [be determined in accordance with directions given by Order in

Council".

The question then arises

whether the express mention of

Hong