Directory_and_Chronicle_1890 — Page 43

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

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land in like cases, and to the mode in which the same are inflicted in England.

74 Any Court (but, in the case of a Provincial Court, subject to the Payment of approval of the Supreme Court), may order any person convicted before one by

offender; it of any crime or offence to pay all or any part of the expenses of, or preliminary to, his trial and of his imprisonment or other punishment.

75. Where it appears to any Court that any charge made before it is or by accuses - malicious, or is frivolous and vexatious, the Court may order all or any part of the expenses of the prosecution to be paid by the person making the charge.

76. In either of the two last-mentioned cases, the amount ordered to Recovery of be paid shall be deemed a debt due to the Crown, and may by virtue expenses. of the order, without further proceedings, be levied on the property of the person convicted or making the charge, as the case may be.

punishment.

77. Where any punishment has been awarded by the Supreme or Mitigation or any other Court, then, if the circumstances of the case make it just or remission of expedient, the Judge of the Supreme Court may at any time, and from time to time, report to one of Her Majesty's Principal Secretaries of State, or to Her Majesty's Minister in China or in Japan (according as the crime or offence was committed in China or Japan) recommending a a mitigation or remission of the punishment; and on such recommendation any such punishment may be mitigated or remitted by direction of the authority to whom the report is made.

But no such recommendation shall be made with respect to any punishment awarded by a Provincial Court, except on the recommendation of that Court, or on the dissent of an Assessor (if any) from the conviction, or from the amount of punishment awarded.

imprisonment

78. The Judge of the Supreme Court may, where it seems expedient, Place of by warrant under his hand and the seal of the Supreme Court, cause any in China or offender convicted before any Court and sentenced to imprisonment, to be Japan. taken to and imprisoned at any place in China or in Japan, from time to time approved by one of Her Majesty's Principal Secretaries of State as a place of imprisonment for offenders.

A warrant of the Supreme Court shall be sufficient authority to the Governor or keeper of such place of imprisonment, or other persons to whom it is directed, to receive and detain there the person therein named, according to the warrant.

in British

79. Where any offender convicted before a Court in China or in Japan Imprisonment is sentenced to suffer imprisonment in respect of the crime or offence of dominions. which he is convicted, and it is expedient that the sentence be carried into effect within Her Majesty's dominions, the offender may (under The Foreign Jurisdiction Act, section 5) be sent for imprisonment to Hongkong.

The Judge of the Supreme Court may, where it seems expedient, by warrant under his hand and the seal of the Supreme Court, cause the offender to be taken to Hongkong, in order that the sentence passed on him may be there carried into effect accordingly.

80. The Judge of the Supreme Court, shall, when required by one of In criminal Her Majesty's Principal Secretaries of State, send the Secretary of State cases, reports

to Secretary a report of the sentence passed by the Judge, Assistant Judge, or Law of State. Secretary of the Court in every case not heard and determined in a sum- mary way, with a copy of the minutes of proceedings and notes of evidence, and the Judge may send with such report any observations he thinks fit.

Every Provincial Court shall forthwith send to the Judge of the Supreme Court a report of the sentence passed by it in every case not heard and determined in a summary way, with a copy of the minutes of proceedings and notes of evidence, and with any observations the