Directory_and_Chronicle_1899 — Page 240

Backing of warrant issued

in British dominions.

ending of prisoner to Hongkong for trial.

Supreme

190

ORDER IN COUNCIL

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, aud 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 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.

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) mar 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

Court, Jury. Judge of the Supreme Court with a jury.

Summary jurisdiction.

Sentence of death.

Other crimes and offences above the degree of misdemeanour, tried before the Judge. Assistant Judge, or Law Secretary of the Supreme Court, and not heard and determined in a summary way, shall be tried with a jury.

Any crime or offence tried before the Judge, Assistant Judge, or Law Secretary of the Supreme Court may be tried with a Jury, where the Judge, Assistant Judge, or Law Secretary so directs.

Subject to the foregoing provision, such classes of criminal cases tried before the Judge, Assistant Judge, or Law Secretary of the Supreme Court, as the Judge, having regard to the law and practice existing in England, from time to time directs, shall be heard and determined in a summary way.

69. Where any person is sentenced to suffer the punishment of death, the Judge of the Supreme Court shall forthwith send a report of the sentence, with a copy of the minutes of proceedings and notes of evidence in the case and with any observations the Judge thinks fit, to Her Majesty's Minister in China or in Japan, according as the crime is com mitted in China or in Japan.

The sentence shall not be carried into execution without the direction of Her Majesty's Minister in China or in Japan (as the case may be) in writing under his hand.

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