541023-1905-The-China-and-Corea-Order-in-Council-1904 — Page 22

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Offences within 100 miles of

co st.

Jurisdiction

Court at

THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905.

(2.) The Court may also, if it thinks fit, on the same inquiry, impose on the clerk or officer such fine, not exceeding 57. for each offence, as the Court thinks fit. (3.) A clerk or officer against whom an order has been made or who has been acquitted under this Article shall not be liable to an action in respect of the same matter; and any such action, if begun, shall be stayed by the Court in such manner and on such terms as the Court thinks fit.

Authority within 100 miles of Coast.

80.- (1.) Where a British subject, being in China or Corea, is charged with having committed, either before or after the commencement of this Order, any offence within a British ship at a distance of not more than 100 miles from the coast of China, or within a Chinese or Corean ship at such a distance as aforesaid, or within a ship not lawfully entitled to claim the protection of the flag of any State, at such a distance as aforesaid, any of His Majesty's Courts in China or Corea within the jurisdiction whereof he is found may cause him to be apprehended and brought before it, and may take the preliminary examination and commit him

for trial.

(2.) If the Court before which the accused is brought is a Provincial Court, the Court shall report to the Supreme Court the pendency of the case.

The Supreme Court shall thereupon direct in what mode, and where the case shall be heard and determined, and (notwithstanding anything in this Order) the case shall be so heard and determined accordingly.

(3.) The provisions of this Order relative to offences, and proceedings in criminal matters, shall in all respects, as far as may be, extend and apply to every such case, in like manner as if the offence had been committed in China or Corea.

81. Where a British subject, being in Hong Kong, is charged with having of Supreme committed, either before or after the commencement of this Order, any crime or Hong Kong offence within any British, Chinese, or Corean ship at such a distance as aforesaid, the Supreme Court at Hong Kong shall have and may exercise authority and jurisdiction with respect to the crime or offence as fully as if it had been committed in Hong Kong.

Appreben- sion of deserters.

Deportation.

82. His Majesty's Minister in China or Corea, any Judge of the Supreme Court, any Consular officer in China or Corea, or the Governor of Hong Kong, on receiving satisfactory information that any soldier, sailor, marine, or other person belonging to any of His Majesty's military or naval forces, has deserted therefrom, and has concealed himself in any British ship at such a distance as aforesaid, may, in pursuance of such information, issue his warrant for a search after and appre- hension of such deserter, and on being satisfied on investigation that any per- son so apprehended is such a deserter, shall cause him to be, with all convenient speed, taken and delivered over to the nearest military station of His Majesty's forces, or to the officer in command of a ship of war of His Majesty serving in China or Corea, as the case may require.

Deportation.

83.-(1.) Where it is proved that there is reasonable ground to apprehend that a British subject is about to commit a breach of the public peace-or that the acts or conduct of a British subject are or is likely to produce or excite to a breach of the public peace-the Court may, if it thinks fit, cause him to be brought be- fore it, and require him to give security to the satisfaction of the Court, to keep the peace, or for his future good behaviour, as the case may require.