Powers of apprehension over British subjects.
Accused escap ing to anether
district.
Backing of warrant issued in British dominions.
Sending o prisoner to
trial.
164
ORDER IN COUNCIL
In all other cases the Court (subject to the provisions of the Order respecting inability to obtain an Assessor) shall hear and determine the cases with Assessors.
III.-In Criminal Matters.
64. Every Court may cause to be apprehended and brought before it any British subject being within the district of the Court and charged with having committed a crime or offence in China or in Japan, and may deal with the accused according to the jurisdiction of the Court and in conformity with the provisions of this Order; or where the crime or offence is triable, and is to be tried, in Her Majesty's dominions, may take the preliminary examination, and commit the accused for trial, and cause or allow him to be taken to the place of intended trial.
65. Where a person charged with baving committed a crime or offence in the district of one Court escapes or removes from that district, and is 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 same manner as if the crime or offence had been committed in its own district;-or may, on the requisition or with the consent of the Court of the district in which the crime or offence is charged to have been committed, send him in custody to that Court, or require him to give security for his surrender to that Court, there to answer the charge, and be dealt with according to law.
Where any person is to be so sent in custody, a warrant shall be issued by the Court 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 detain the person therein named, and carry him to and deliver him up to the Court of the district within which the crime or offence was committed according to the warrant.
66. Where a warrant or order of arrest is issued by a competent authority in Her Majesty's dominions for the apprehension of a British subject, who is charged with having committed a crime or offence within the jurisdiction of the authority issuing the warrant or order, and who is, or is supposed to be, in China, or Japan, and the warrant or order is produced to any Court, the Court may back the warrant or order; and the same, when so backed, shall be sufficient authority to any person to whom the warrant or order was originally directed and also to any constable or other officer of the Court by which it is backed, to apprehend the accused at any place where the Court by which the warrant or order is backed has jurisdiction, and to carry him to and deliver him up in Her Majesty's dominions according to the warrant or order.
67. Where any person is charged with the commission of a crime or Hongkong lor offence, the cognizance whereof appertains to any of Her Majesty's Courts in China or Japan, and it is expedient that the crime or offence be enquired 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.
Supreme
Gourt,-Jury.
The Judge of the Supreme Court may, where it appears expedient, by warrant under his hand and the seal 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 shall take the preliminary examination, and shall send the depositions to Hongkong, and (if it seems necessary or proper) may bind over such 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 Judge of the Supreme Court with a jury.
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