Directory_and_Chronicle_1928 — Page 303

THE CHINA AND COREA (AMENDMENT) ORDER IN COUNCIL, 1910

ISSUED NOVEMBER, 1910

:

1. That this Order may be cited as "The China and Corea (Amendinent) Order in Council, 1910" and shall be read as one with the China and Corea Order in Council, 1904, hereinafter referred to as "The Principal Order" and the Principal Order, the China and Corea (Amendment) Order in Council, 1907, the China and Corea (Amendment) Order in Council, 1909, and this Order may be cited together as the China and Corea Orders in Council, 1904 to 1910.

2.—(1) Where a British subject is sentenced to imprisonment for a term of not less than six months, the Court may, as part of the sentence, order that he be deported.

(2) Article 83, sub-articles 4 to 11, of the Principal Order and Article 6 of the China and Corea (Amendment) Order in Council, 1907, shall apply to deportations under this Article.

3. Where a person not belonging to Hongkong is sentenced to imprisonment and deportation under Article 2, and is sent for imprisonment to Hongkong, the Governor of Hongkong shall, if lawfully empowered thereto, deport such

person to the place to which he was ordered by the Court to be deported; and if not so em- powered the Governor shall cause such person to be sent back to Shanghai.

4. (1) Where a warrant is issued by the Minister to the person for the time being in command of the police force in any foreign concession or settlement in China as provided in Article 3, sub-article 3, of the China and Corea Amendment Order in Council, 1909, the jurisdiction authorized by the said warrant shall be exercised in conformity with and shall be subject to such rules as the Judge of the Supreme Court, with the approval of the Secretary of State, may make, and pending the issue of such rules, such of the China and Corea Rules of Court, 1905, as the Judge may direct.

(2) A monthly return of all summary punishments inflicted by the person holding such warrant shall be sent to the Judge of the Supreme Court.

5.-(1) A warrant issued by the Minister under Article 3, sub-article 3, of the China and Corea (Amendment) Order in Council, 1909, to the person for the time being in command of a police force in any foreign concession or settlement in China may empower such person while in command of the force to inflict summary punish- ment upon members of the force by detention for a period not exceeding fifteen days in such place as may be provided as a detention barrack by the authority by whom the force is paid.

(2) Any warrant or King's Regulation issued under Article 3 of the China and Corea (Amendment) Order in Council, 1909, in force at the date of this order, authorizing a sentence of imprisonment, shall be deemed to authorize a sentence either of imprisonment or of detention.

(3) For the purposes of this Article "detention and "detention barrack shall have the same meaning as in the Army Act.