CO129-602-5 Limits of territorial waters 27-10-1949 - 9-12-1949 — Page 46

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

16

[5. 39 contd.] Government Analyst. Ordinance

No. 8 of

1935.

Prison.

[ef. No. 38

of 1932,

s. 2.]

Superintend

ent of Prisons.

Ordinance

No. 38 of

1932.

United Kingdom

British

Islands,

No. 31 of 1911.

INTERPRETATION.

*1

(13) "Government Analyst includes for the purposes of

all Ordinances any analyst appointed by the Governor under the Adulterated Food and Drugs Ordinance, 1935.

1

(14) "Prison includes any place or building or portion of a building set apart or hereafter to be set apart for the purpose of a prison under any Ordinance relating to prisons.

AL

(15) Superintendent of Prisons' means the person ap- pointed to that office under the Prisons Ordinance, 1932. This definition shall apply to all warrants of committal or other documents.

C

C.-Geographical definitions.

11

(1) United Kingdom means the United Kingdom of Great Britain and Northern Ireland.

(2) British Islands

52 & 53 Vict. c. 63,

means the United Kingdom, the Channel Islands and the Isle of Man.

s. 18 (1).

British

possession.

52 & 53 Vict.

c. 63,

s. 18 (2).

British colony.

c. 63,

s. 18 (3).

(3) British possession means any part of His Majesty's dominions exclusive of the United Kingdom; and where parts of such dominions are under both a central and a local legis- lature, all parts under the central legislature shall, for the purposes of this definition, be deemed to be one British possession.

(4) "British colony or colony means, where the 52 & 53 Vict. Colony of Hong Kong is not intended, any part of His Majesty's dominions exclusive of the United Kingdom and of British India; and where parts of such dominions are under both a central and a local legislature, all parts under the central legis- lature shall, for the purposes of this definition, be deemed to be one colony.

British

India.

52 & 53 Vict.

c. 63,

s. 18 (4).

India.

52 & 53 Vict.

(5) British India " means all territories and places within His Majesty's dominions which are for the time being governed by His Majesty through the Governor-General of India, or through any Governor or other officer subordinate to the Governor-General of India.

(6) "India" means British India together with any terri- tories of any native prince or chief under the suzerainty of His

INTERPRETATION.

No. 31 of 1911.

17

[s.39 contd.]

Majesty exercised through the Governor-General of India or other officer subordinate to the Governor-General of India.

c. 63, s. 18 (5).

D.-Judicial definitions.

Court of assize

or

c. 63, s. 13 (3).

assize.

(1) "High Court" means, when used with reference to High Court. England or Northern Ireland, His Majesty's High Court of 52 & 53 Vict. Justice in England or Northern Ireland, as the case may be.

(2)

"assizes" means, as respects Court of England, Wales and Northern Ireland, a court of assize, a court 52 & 53 Vict. of oyer and terminer and a court of gaol delivery, or any of c. 63, them, and as respects England and Wales, includes the Central s. 13 (4).

the Criminal Court; and as respects Hong Kong, means Supreme Court, either one judge or the Full Court, sitting in its criminal jurisdiction; and unless it is specially provided that any offence is to be tried summarily before a magistrate or other- wise, all offences shall be triable before the Supreme Court sitting in its criminal jurisdiction.

(3) Supreme Court

1

Kong.

(4)

means the Supreme Court of Hong Supreme

Court.

"Probate court means, as respects Hong Kong, the Probate Supreme Court sitting in its probate jurisdiction.

"

11

court.

(5) Bankruptcy court means, as respects Hong Kong, Bankruptcy the Supreme Court sitting in its bankruptcy jurisdiction.

J

court.

Court of

(6) "Colonial Court of Admiralty means, as respects Colonial Hong Kong, the Supreme Court sitting in its Admiralty Admiralty. jurisdiction. (7)

"Court

means the Supreme Court as well as any other Court.

words court holden in the Colony; but in the absence of any indicating a contrary intention the jurisdiction created by or referred to in any enactment shall be exercised only by the Supreme Court.

No. 41 of

(8) Magistrate means a magistrate appointed under the Magistrate. Magistrates Ordinance, 1932, but does not include a marine Ordinance magistrate in cases not coming within section 6 of the said 1932. Ordinance, unless such magistrate is expressly indicated; and unless the contrary intention appears, the expression "triable before a magistrate' or tried summarily ", or any other expression having the like intent, means that an offence may be

54

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