Directory_and_Chronicle_1921 — Page 348

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Place of offence for purposes of trial.

Escape and arrest in

another district.

Admiralty offences, &c.

Bringing accused before Court.

Remand.

ORDERS IN COUNCIL

37. For the purposes of criminal jurisdiction every offence and cause of complaint committed or arising within the limits of this Order shall be deemed to have been committed or to have arisen, either in the place. where the same actually was committed or arose, or in any place where the person charged or complained of happens to be at the time of the institution or commencement of the charge or complaint.

38. Where a person accused of an offence escapes or removes from the Consular district within which the offence was committed, and is found within another Consular district, the Court within whose district he is found may proceed in the case to trial and punishment, or to pre- liminary examination (as the case may require), in like manner as if the offence had been committed in its own district; or may, on the requisi- tion or with the consent of the Court within whose district the offence was committed, send him in custody to that Court, or require him to give security for his surrender to that Court, there to 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 whose district he is found, and that warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named, and to carry him to and deliver him up to the Court within whose district the offence was committed, according to the warrant.

39.-(1) In cases of murder or manslaughter if either the death, or the criminal act which wholly or partly caused the death, happened within the jurisdiction of a Court acting under this Order, that Court shall have the like jurisdiction over any British subject who is accused either as the principal offender, or as accessory before the fact to murder, or as accessory after the fact to murder or manslaughter, as if both the criminal act and the death had happened within that jurisdiction.

(2) In the case of any offence committed on the high seas, or with- in the Admiralty jurisdiction, by any British subject on board a British ship, or on board a foreign ship to which he did not belong, the Court shall, subject to the provisions of this Order, have jurisdiction as if the offence had been committed within the jurisdiction of that Court. In cases tried under this Article no different sentence can be passed from the sentence which could be passed in England if the offence were tried there.

(3) The foregoing provisions of this Article shall be deemed to be adaptations, for the purposes of this Order and of the Foreign Juris- diction Act, 1890, of the following enactments, that is to say:-

The Admiralty Offences (Colonial) Act, 1849. The Admiralty Offences (Colonial) Act, 1860. The Merchant Shipping Act, 1894, Part. XIII.

And those enactments shall apply accordingly and be administered in China and Corea.

Apprehension and Custody of Accused Persons.

40.—(1) Where a person accused of an offence is arrested on a warrant issuing out of any Court, he shall be brought before the Court within forty eight hours after the arrest, unless in any case circumstances unavoidably prevent his being brought before the Court within that time, which circumstances shall be recorded in the Minutes.

(2) In every case, he shall be brought before the Court as soon as circumstances reasonably admit, and the time and circumstances shall be recorded in the Minutes.

41.-(1) Where an accused person is in custody, he shall not be remanded at any time for more than seven days, unless circumstances