541023-1905-The-China-and-Corea-Order-in-Council-1904 — Page 10

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THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905.

(2.) Any such fine shall not be levied until after the expiration of fourteen. days. The proper officer of the Court shall forthwith give to the person fined notice in writing of the imposition of the fine, and require him within six days after receipt of the notice to file an affidavit excusing non-attendance (if he desire to do so). The Court shall consider the affidavit, and may, if it seems proper,

remit or reduce the fine.

Application

of Criminal Law of England.

Power to

summon

offenders.

Place of offence for

purposes of trial.

Escape and arrest in another district.

PART III.

CRIMINAL MATTERS.

35.-(1.) Except as regards offences made or declared such by this or any other Order relating to China or Corea or by any Rules or Regulations made under any Order :-

Any act that would not by a Court of Justice having criminal Jurisdiction in England be deemed an offence in England, shall not, in the exercise. of criminal jurisdiction under this Order, be deemed an offence, or be the subject of any criminal proceeding under this Order.

(2.) Subject to the provisions of this Order, criminal jurisdiction under this Order shall, as far as circumstances admit, be exercised on the principles of, and in conformity with, English law for the time being, and with the powers vested in the Courts of Justice and Justices of the Peace in England, according to their respective jurisdiction and anthority.

Local Jurisdiction in Criminal Matters.

36. Every Court may cause to be summoned or arrested, and brought before it, any person subject to and being within the limits of its jurisdiction, and accused of having committed an offence cognizable under this Order, and may deal with the accused according to the jurisdiction of the Court and in conformity with the provisions of this Order,

37. For the purposes of criminal jurisdiction every offence and cause of com- plaint 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 preliminary examination (as the case may require), in like manner as if the offence had been committed in its own district; or may, on the requisition 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 bis 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 thereia named, and to carry him to and delive him up to the Court within whose district the offence was committed, according to the warrant.

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