541023-1905-The-China-and-Corea-Order-in-Council-1904 — Page 23

THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905.

(2.) Where a British subject is convicted of an offence before the Court, the Court may if it thinks fit, require him to give security to the satisfaction of the Court for his future good behaviour, and for that purpose may (if need be) cause him to be brought before the Court.

(3.) In either of the foregoing cases, if the person required to give security fails to do so, the Court may order that he be deported from China or Corea to such place as the Court directs.

(4.) The place shall be a place in some part (if any) of His Majesty's domi- nions to which the person belongs, or the Government of which consents to the reception of persons deported under this Order.

(5.) A Provincial Court shall report to the Supreme Court any order of deportation made by it and the grounds thereof, before the order is executed. The Supreme Court may reverse the order, or may confirm it with or without

variation, and in case of confirmation, shall direct it to be carried into effect.

(6.) The person to be deported shall be detained in custody until a fit op- portunity for his deportation occurs.

(7.) He shall, as soon as is practicable, and in the case of a person convicted, either after exccution of the sentence or while it is in course of execution, 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 available, 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 to carry him to and deliver him up at the place named according to the warrant.

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

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

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person at

84. Where any person is deported to Hong Kong, he shall on his arrival there Dealing with be delivered, with the warrant under which he is deported, into the custody of deported the Chief Magistrate of Police of Hong Kong, who, on receipt of the person de- Hong Kong. ported, with the warrant, shall detain him and shall forthwith report the case to the Governor of Hong Kong, who shall either 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, and in the meantime to be detained in custody (so that the period of such detention do not exceed three months), or else shall discharge him from custody.

Appeal and Reserved Case.

85.—(1.) Where a person is convicted of any offence before any 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;

Appeal and reserved

case.