Directory_and_Chronicle_1885 — Page 708

Directories & Chronicles 香港指南 All

H. B. M. SUBJECTS IN CHINA AND JAPAN.

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In all other cases the Court (subject to the provisions of this Order respecting inability to obtain an Aor) shall hear and determine the case with Assessors.

III-In Criminal Matters.

*pprehension over British

61. Every Court may cause to be apprehended and brought before it Power of any British subject being within the district of the Court and charged re with having committed à crime or offence in Chiva or in Japan, and may subjecta. deal with the accused according to jurisdiction of the Court and in conformity with the provisions of thi Oler;--or where the crime or offence is triable, and is to be tried, in Iter Majesty's dominions, may take the prolishary examination, and commit the accused for trial, and cause or allow hili to be taken to the place of intended trial.

ing to anothar

65. where a person charged with having committed a crine or offence Accused escap- in the distrit of one Court escapes or removes from that district, and is des found within the district of another Court, the Court within the district of which he is found may proceed in the case to examination, indictment, trial, and punishment, or in a summary way (as the case may require) in the ma e marmor as if the crime or offènce had been commitsed in its own disti:

og mom, on the nomisition or with the consent of the Court of the district in which the crime or offene is changed to have been committed Bend 1a in encody to that Court, or require li to give security for his surre, or to that Court, there to answer the charge, and be dealt with according to law.

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Whowary je mon ir to be so sent in custody, a warrant shall be issued by the Conner within the district of which he is found, and such warrant shall be sufficient authority to any person to whom it is directed to receive and defen the person therein named, and carry bi: * and deliver him up to the Goat of the district within which the crime or offence was committed Recording to the warrant.

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Warrant Honed

66 Where a warrant or order of ommest is hated by a competent Backing of authu ity in Her Majesty's domis for the apprehension of a British in British subjet, who is changed with having committed a crime or offence within demons, the jurisdiction of the authority issuing the warrant or order, and who is, or is supposed to be, in China or Jajan, nl the warrant or order is produced to any Court, the Court may lack the wut or order; and the same, when so backed, shall be sufidieut authority to any person to whom the wrint or order was originally directed and also to any constable or other ellier of the Court by which it is backed, tongz bend the accused at est; 'em where the Court by which the warrant or order is backed has juri. rion, and to carry hini to and deliver him up in Her Majesty's dominions according to the warrant or order.

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67. Where any person is charged with the cominis: ion of a crime or Sending of offence, the cognizance whereof appertains to any of Her Majesty's Courts to

Hongkong for in China or Japan, and it is expedient that the crime or offence be enquired trad of, tried, determined, and punished within Her Majesty's dominions, the accused may (under The Foreign Jurisdiction Act, section 4), be sent for trial to Hongkong.

The Judge of the Supreme Court may, where it appeara expedient, by warrant under his haud and the scal of the Supreme Court, cause the accused to be taken for trial to Hongkong accordingly.

Where any person is to be so taken to Hongkong, the Court before which he is charged shell take the padliminary examination, and shall send the deposition to The and (if it is necessary or proper) may

hind over euch of the proper witnesses as are British subjects in their own recognizances to appear and give evidence on the trial.

68. All crimes which in England are capital shall be tried by the suprema Judge of the Supreme Court with a jury.

Court, Jury.

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