Directory_and_Chronicle_1940 — Page 109

H.B.M. SUBJECTS IN CHINA AND COREA

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

(7) He shall, as soon as is practicable, and in the case of a person onvicted, either after execution of the sentence or while it is in course of xecution, 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 vailable, 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 o carry him to and deliver him up at the place named according to the varrant.

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(9) The Court may order the person to be deported to pay all or ny part of the expenses of his deportation. Subject thereto, the xpenses of deportation shall be defrayed in such manner as the Secretary f 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

s the case may require.

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

84. Where any person is deported to Hongkong, he shall on his rrival there be delivered, with the warrant under which he is deported, nto the custody of the Chief Magistrate of Police of Hongkong, who, on eceipt of the person deported, with the warrant, shall detain him and hall forthwith report the case to the Governor of Hongkong, who shall Fither 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, nd in the meantime to be detained in custody (so that the period of uch detention do not exceed three months), or else shall discharge him rom custody.

Appeal and Reserved Case.

Dealing with

deported persons at

Hongkong.

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

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.

I

reserved case,

86.-(1) Where a case is stated under the last preceding Article, Procedure he Court, before whom the trial was had, shall, as it thinks fit, cither case stated. 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

ime and place.

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

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