CO129-573-8 Disposal of prisoners sentenced by Supreme Court of China 3-6-1938 - 25-8-1938 — Page 6

Copy

No.12 (20/J/1938) Copy to:-

Shanghai C.G.

H.M. SUPREME COURT

SHANGHAI.

4th August, 1938.

Sir,

With reference to despatch No.14 of the 28th

May last addressed to Your Excellency by His Excellency

the Governor of Hong Kong, I have the honour to submit

the following observations in regard to the practical

application by His Britannic Majesty's Supreme Court for

China of the provisions of Article 70 of the China Order

in Council, 1925.

2.

Offenders sentenced to imprisonment by this

Court, of whom the large majority are Indians, may be

taken for present purposes as falling within one of the

following three classes, viz:-

Class A:

Class B:

Class C:

Offenders with long-term sentences (regardless

of whether deportation as part of the sentence

has been ordered under Article 89 (4) of the

Order in Council).

Offenders with short-term sentences when

deportation as part of the sentence has been

ordered.

Offenders with short-term sentences when

deportation as part of the sentence has not

been ordered.

Whilst no definite ruling has been laid down as to what

constitutes a short-term sentence, the latter in practice

is regarded as comprising any sentence of imprisonment up

to a term of five years. With the usual remission for

His Excellency

Sir Archibald Clerk Kerr, K.C.M.G.,

British Embassy,

Shanghai.

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