Directory_and_Chronicle_1901 — Page 254

Place of imprisonment

in China or Japan.

Imprisonment in British dominions.

In criminal cases, reports to Secretary of State.

Punishment for levying war, &c.

196

ORDER IN COUNCIL

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.

78. The Judge of the Supreme Court may, where it seems expedient, by warrant under his hand and the seal of the Supreme Court, cause any offender convicted before any Court and sentenced to imprisonment, to be 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, t› receive and detain there the person therein named, according to the warrant.

79. Where any offender convicted before a Court in China or in Japan is sentenced to suffer imprisonment in respect of the crime or offence of 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 Her Majesty's Principal Secretaries of State, send the Secretary of State a report of the sentence passed by the Judge, Assistant Judge, or Law 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 Court thinks fit. The Judge of the Supreme Court shall, when required by one of Her Majesty's Principal Secretaries of State, transmit the same to the Secretary of State, and may send therewith any observations he

thinks fit.

VI.-WAR, INSURRECTION, OR REBELLION 81. If any British subject commits any of the following offences, that is to say:-

(1.) In China, while Her Majesty is at peace with the Emperor of China, levies war or takes part in any operation of war against the Emperor of China, or aids or abets any person in carrying on war, insurrection, or rebellion against the Emperor of China. (2.) In Japan, while Her Majesty is at peace with the Tycoon of Japan, levies war or takes part in any operation of war against the Tycoon of Japan, or aids or abets any persons in carrying on war,

insurrec- tion, or rebellion, against the Tycoon of Japan; every person so offending shall be deemed guilty of a misdemeanour, and on con- viction thereof shall be liable (in the discretion of the Court before which he is convicted) to be punished by imprisonment for any term not exceeding two years, with or without hard labour, and with or without a fine not exceeding 5,000 dollars, or by a fine not exceeding 5,000 dollars without imprisonment.