CO129-529-5 China- extraterritoriality 23-11-1931 - 31-12-1931 — Page 56

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Where any person is to be so sent in custody, a warrant shall be issued by the Court within whose district he is found, and that warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named, and to carry him to and deliver him up to the Court, within whose district the offence was committed, according to the warrant.

40.—(1) In cases of murder or manslaughter, if either the death, or the criminal act which wholly or partly caused the death, happened within the jurisdiction of a Court acting under this Order, that Court shall have the like jurisdiction over any person to whom this Order applies who is charged either as the principal offender, or as accessory before the fact to murder, or as accessory after the fact to murder or manslaughter, as if both the criminal act and the death had happened within that jurisdiction.

(2) In the case of any offence committed by a British subject on board any British ship within the limits of this Order, on the high seas, or in any foreign port or harbour, or on board any foreign ship to which he did not belong, the Court shall, subject to the provisions of this Order, have jurisdiction as if the offence had been committed within its jurisdiction.

(3) The foregoing provisions of this Article shall be deemed to be adaptations, for the purposes of this Order and of the Foreign Jurisdiction Act, 1890, of the following enactments, that is to say:

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The Admiralty Offences (Colonial) Act, 1849 (a); The Admiralty Offences (Colonial) Act, 1860(b);

The Merchant Shipping Act, 1894, Part XIII(); and those enactments shall apply accordingly and be administered in Egypt.

Apprehension and Custody of Accused Persons.

41. (1) Where a person accused of an offence is arrested on a warrant issuing out of any Court, he shall be brought before the Court within forty-eight hours after the execution of the warrant, unless in any case circumstances unavoidably prevent his being brought before the Court within that time, which circumstances shall be recorded in the Minutes.

(2) In every case he shall be brought before the Court as soon as circumstances reasonably admit, and the time and circum- stances shall be recorded in the Minutes.

42. (1) Where an accused person is in custody, he shall not be remanded at any time for more than seven days, unless cir- cumstances appear to the Court to make it necessary or proper that he should be remanded for a longer time, which circum- stances, and the time of remand, shall be recorded in the Minutes,

(by 23–4 V. c. 88. (c) 57-8 V. c. 60.

(a) 12-3 V. c. 96.

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(2) In no case shall a remand be for more than 14 days at one time, unless in case of illness of the accused or other case of necessity.

43. Where the Supreme Court or a Provincial Court issues a summons or warrant against any person accused of an offence committed on board of or in relation to a British ship or aircraft, then, if it appears to the Court that the interests of public justice so require, that Court may issue a warrant or order for the deten- tion of the ship or aircraft, and may cause the ship or aircraft to be detained accordingly, until the case is heard and deter- mined, and the order of the Court thereon is fully executed, or for such shorter time as the Court thinks fit; and the Court shall have power to make all such orders as appear to it necessary or proper for carrying this provision into effect.

44. Every Provincial and Local Court shall execute any writ, order or warrant issuing from the Supreme Court, and shall take security from any person named therein for his appearance, personally, or by attorney, according to the writ, order, or warrant, or may cause such person to be taken in custody or otherwise to the Supreme Court or elsewhere in Egypt accord- ing to the writ, order or warrant.

45. (1) The Court may, in its discretion, admit to bail a person accused of any of the following offences, namely:-

Any felony.

Riot.

Assault on any officer in the execution of his duty, or on any person acting in his aid.

Neglect or breach of duty by any officer.

But a person accused of treason, murder, or piracy shall not be admitted to bail except by, or under the direction of, the Supreme Court.

(2) In all other cases the Court shall admit the accused to bail unless the Court, having regard to the circumstances, sees good reason to the contrary, which reason shall be recorded in the Minutes.

(3) The Supreme Court may admit a person to bail although a Provincial or Local Court has not thought fit to do so.

(4) The accused who is to be admitted to bail, either on remand or on or after trial ordered, shall produce such surety or sureties as, in the opinion of the Court, will be sufficient to insure his appearance as and when required, and shall with him or them enter into a recognizance accordingly. Where the Court accepts as surety a person who is not subject to its jurisdiction, such person may be required, if the Court thinks fit, to deposit in Court the sum named in his recognizance,

Trial with Jury or Assessors.

46.—(1) Where a person is accused of treason, murder, or piracy, the case must be tried on a charge before the Supreme Court with a jury.

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