TNAG-0684-FCO40-833-Representations-about-Mr-Christopher-Clements-facing-murder--1977 — Page 19

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

14

& 48 Vict. c. 31]

Colonial Prisoners Removal

A.D. 1884

a crime

retaken in the same manner as a person convicted against the law of the place to which he escapes may be retaken upon an escape.

(2) A person guilty of the offence of so escaping or cf attempting so to escape, or of aiding or attempting to aid any th prisoner so to escape, may be tried in any of the following arts of Her Majesty's dominions, namely, the part to which the part from which the prisoner is being removed or returned, and the part in which the prisoner escapes, and the part which the offender is found, and such offence shall be deemed to be an offence against the law of the part of Her Majesty's dominions in which he may be so tried, and for all purposes of incidental to the apprehension, trial, and punishment of the person accused of such offence, and of and incidental to any proceedings and matters preliminary, incidental to or consequential areon, and of and incidental to the jurisdiction of any court Instable cr officer with reference to such offence, and to the person accused thereof, such offence shall be deemed to have b committed 37 & 38 Vict. in the said part, and such person may be punished in accordance

with the Courts (Colonial) Jurisdiction Act, 1874.

c. 27.

Application

of Act to

removal of

criminal

!

lunatics.

1

Cost of removal.

1

Criminal Lunatics.

in

relation to laws ard minions in

10. (1) The provisions of this Act shall apply : 1 person custody as a criminal lunatic în like manner, so far is consistent with the tenor thereof, as they apply to a prisoner undergoing sentence of imprisonment; and separate regulations may be made by Her Majesty in Council under this Act criminal lunatics and (subject to those regulations, regulations in force in the part of Her Majesty's which a criminal lunatic removed or returned is :r the time being in custody under a warrant issued in pursence of this Act, shall apply to such criminal lunatic as if he had become a criminal lunatic in that part.

(2) Where a person, who is a criminal lunatic by reason of being unfit to be tried for an offence, is removed a pursuance of this Act, and a Secretary of State or the Govement of the British possession to or from which such person is removed considers that such person has become sufficiently sane to b tried for the said offence, and requires him to be returned for trial to the British possession from which he was removed, h shall, in accordance with the regulations under this Act returned as a prisoner to the said British possession for th purpose of being there tried for the said offence. and shall b removed thither in custody in like manner as if he had bee arrested under a warrant on a charge for the said cence.

Miscellaneous.

11. (1) The cost of the removal of any prisoner or crimina lunatic under this Act and of his maintenance wide in coming ment, and of his return, and of his being sent after discharge t any place. shall be paid in such manner as may be arrange

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