Directory_and_Chronicle_1889 — Page 841

Beports by Provincial Court.

Application of other provisions,

Jurisdiction at Hongkong.

Military and

18

ORDER IN COUNCIL.

102. If the Court before which the accused is brought is a Provin- cial Court, the Court shall report to the Judge of the Supre ne Court the pendency of the case.

The Judge of the Supreme Court shall thereupon direct in what mode and where the case shall be heard and determined, and (notwithstanding anything in this Order) the case shall be so heard and determined accord- ingly.

103. The provisions of this Order relative to crimes and offences, and proceedings in criminal matters, shall in all respects, as far as may be, extend and apply to every such case, in like manner as if the crime or offence had been committed in China or Japan.

104. Where a British subject being after the commencement of this Order in Hongkong, is charged with having committed, either before or after the commencement of this Order, any crime or offence within any British, Chinese, Japanese, or other such vessel at such a distance as aforesaid, the Supreme Court at Hongkong shall have and may exercise authority and jurisdiction with respect to the crime or offence as fully as if it had been committed in Hongkong.

105. Her Majesty's Minister in China or in Japan, the Judge or Naval Deserters. Assistant Judge of the Supreme Court, and any of Her Majesty's Consular Officers in China or in Japan, or the Governor or person administering the Government of Hongkong, on receiving satisfactory information that any soldier, sailor, marine, or other person belonging to any of Her Majesty's Military or Naval forces, has deserted therefrom, and has concealed himself in any British, Chinese, Japanese, or other such vessel at such a distance as aforesaid, may, in pursuance of such information, issue his warrant for a search after and apprehension of such deserter, and on being satisfied on investigation that any person so apprehended is such a deserter, shall cause him to be with all convenient speed taken and delivered over to the nearest military station of Her Majesty's forces or to the officer in com- mand of a vessel of war of Her Majesty serving in China or Japan, as the case may require.

Deportation, in what cases.

Place of Deportation.

Report by Provincial Court.

XIII.-DEPORTATION.

any

of Her

106. (i.) When it is shown on oatb, to the satisfaction of Majesty's Courts in China or in Japan that there is reasonable ground to apprehend that any British subject in China or in Japan is about to commit a breach of the public peace, or that the acts or conduct of any British subject in China or in Japan are or is likely to produce or excite to a breach of the public peace, the Court within the jurisdiction whereof he happens to be may cause him to be brought before it, and require him to give security to the satisfaction of the Court, to keep the peace, or for his future good behaviour, as the case may require.

(ii.) Where any British subject is convicted, under this Order, of any crime or offence, the Court within the jurisdiction whereof he happens to be may require him to give security to the satisfaction of the Court for his future good behaviour.

In either of the cases, if the person required to give security fails to do so, the Court may order that he be deported from China or Japan to such place as the Court directs.

107. In any case where an order of deportation is made under this Order the Court shall not, without the consent of the person to be deported, direct the deportation of any person to any place other than Hongkong or England.

108. A Provincial Court shall forthwith report to the Judge of the Supreme Court any order of deportation made by it, and the grounds

thereof.

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