CO129-573-8 Disposal of prisoners sentenced by Supreme Court of China 3-6-1938 - 25-8-1938 — Page 7

2.

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good conduct the actual period of imprisonment served by an

offender sentenced to a term of five years would be three

years and nine months.

3. As regards Class A offenders, the general practice

is to send these for imprisonment to a place in His Majesty's

dominions (generally to India but occasionally to the United

Kingdom) the Government whereof consents that offenders may

be sent thither under Article 70 of the Order in Council.

The burden of obtaining the consent of the Government

concerned, and thereafter of making the necessary arrangements

for passages and escorts, ordinarily devolves upon His Majesty's

Consul-General at Shanghai. Upon the consent of the

Government concerned being obtained, and so soon as the

necessary arrangements for transfer are completed, warrants

under Article 70 are issued by this Court.

4. As regards Class B offenders the general practice

varies. Where the offender is an Indian and the term of

imprisonment substantial (e.g. three years), exactly the

same procedure is adopted as in the case of the Class A

offender. But the majority of Class B offenders serve their

sentences of imprisonment in Shanghai and are then deported

at the expiration of their sentences under the provisions

of Article 90 of the Order in Council. During the fourteen

year period immediately preceding the outbreak of the Sino-

Japanese hostilities in August, 1937, fifty-four offenders

were so deported at the expiration of their sentences of

imprisonment four to Hong Kong, four to the United Kingdom,

one to Canada, and the remainder to India.

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5. As regards Class C offenders it is not the general

practice to deal with these under Article 70 of the Order in

Council, and they usually serve their sentences in the Shanghai

Municipal Council's prison.