Directory_and_Chronicle_1916 — Page 407

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Dealing with deported persons at Hongkong

Appeal and reserved case

Procedure case stated.

ORDERS IN COUNCIL

(6) The person to be deported shall be detained in custody until a fit opportunity for his deportation occurs.

(7) He shall, as soon as is practicable, and in the case of a person convicted, either after execution of the sentence or while it is in course of execution, be embarked in custody under the warrant of the Supreme Court on board one of His Majesty's ships of war, or, if there is no such ship available, then on board any British or other fit ship bound to the place of deportation.

(8) The warrant shall be sufficient authority to the commander or master of the ship to receive and detain the person therein named, and to carry him to and deliver him up at the place named according to the

warrant.

(9) The Court may order the person to be deported to pay all or any part of the expenses of his deportation. Subject thereto, the expenses of deportation shall be defrayed in such manner as the Secretary of State, with the concurrence of the Treasury, may direct.

(10) The Supreme Court shall forthwith report to the Secretary of State any order of deportation made or confirmed by it and the grounds thereof, and shall also inform His Majesty's Minister in China or Corea as the case may require.

(11) If any person deported under this or any former Order returns. to China or Corea without permission in writing of the Secretary of State (which permission the Secretary of State may give) he shall be deemed guilty of a grave offence against this Order; and he shall also be liable to be forthwith again deported.

84. Where any person is deported to Hongkong, he shall on his arrival there be delivered, with the warrant under which he is deported, into the custody of the Chief Magistrate of Police of Hongkong, who, on receipt of the person deported, with the warrant, shall detain him and shall forthwith report the case to the Governor of Hongkong, who shall either by warrant (if the circumstances of the case appear to him to make it expedient) cause the person so deported to be taken to England, and in the meantime to be detained in custody (so that the period of such detention do not exceed three months), or else shall discharge him from custody.

Appeal and Reserved Case.

85.-(1) Where a person is convicted of any offence before any

Court-

(a) If he considers the conviction erroneous in law, then, on his application, within the prescribed time (unless it appears merely frivolous, when it may be refused); or

(b) If the Judge thinks fit to reserve for consideration of the full

Supreme Court any question of law arising on the trial; the Judge shall state a case, setting out the facts and the grounds of the conviction, and the question of law, and send or deliver it to the Registrar of the Supreme Court.

86.-(1) Where a case is stated under the last preceding Article, the Court, before whom the trial was had, shall, as it thinks fit, either postpone judgment on the conviction, or respite execution of the judg- ment, and either commit the person convicted to prison, or take security for him to appear and receive judgment, or to deliver himself for execution of the judgment (as the case may require) at an appointed time and place.

(2) The full Supreme Court, sitting without a jury or assessors, shall hear and determine the matter, and thereupon shall reverse, affirm, or amend the judgment given, or set it aside, and order an entry to be