664960-1887-Foreign-Jurisdiction-Acts-1843-to-1878 — Page 12

THE HONGKONG GOVERNMENT GAZETTE, 6TH AUGUST, 1887.

PART IV. CRIMINAL MATTERS.

Application of the Code of Criminal Procedure.

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9. Subject to the other provisions of this Order, the Code of Criminal Procedure and the other enactments relating to the administration of criminal justice in India for the time being applicable to Zanzibar, shall have effect as if Zanzibar were a district in the Presidency of Bombay, and the Judicial Assistant shall be deemed to be the Magistrate of the district, the Consul-General shall be deemed to be the Sessions Judge; the High Court of Judicature at Bombay (hereinafter called the High Court of Bombay) shall be deemed to be the High Court; and the powers of the Governor-General in Council and of the Local Government under those enactments shall be exercisable by the Secretary of State, or, with his previous or subsequent assent, by the Governor-General of India in Council.

Commitments to High Court of Bombay.

10. When any person is committed to the High Court of Bombay for trial, the Consul-General may, under and in accordance with the provisions of section 4 of "The Foreign Jurisdiction Act, 1843,' send him to Bombay for trial; and may, if he thinks fit, bind over such of the proper witnesses as are British subjects, or any of them, in their own recognizances, to appear and give evidence on the trial.

Offence of Smuggling.

11. If a British subject smuggles or imports into or exports from Zanzibar any goods whereon any duty is charged or payable to the Government of Zanzibar, with intent to evade payment of the duty, he shall be punished with imprisonment for a term which may extend to two months, or with fine which may extend to 1,000 rupees, or with both.

Manner and Place of Imprisonment.

12.-(a.) The Consul-General may, if he thinks fit, from time to time, by general order, prescribe the manner in which, and the places in Zanzibar at which, sentences of imprisonment are to be carried into execution.

(b.) The Consul-General may, if he thinks fit, in any case, by warrant signed by him, and sealed with his Consular seal, cause an offender convicted and sentenced to imprisonment before a Criminal Court established under this Order to be sent and removed to, and imprisoned in, any place in Zanzibar.

13. Where an offender convicted before any Court established under this Order is sentenced to imprisonment, and the Consul-General, proceeding under section 5 of "The Foreign Jurisdiction Act, 1843," authority in that behalf being hereby given to him, considers it expedient that the sentence should be carried into effect within Her Majesty's dominions, and the offender is, accordingly, sent for imprisonment to a place in Her Majesty's dominions, the place shall be either Bombay, or a place in some other part of Her Majesty's dominions out of the United Kingdom, the Government whereof consents that offenders may be sent thither under this Article.

14.-(1.) In cases of murder or culpable homicide, if either the death or the criminal act which wholly or partly caused the death happened in Zanzibar, a Court acting under this Order, shall have the like jurisdiction over any British subject who is charged either as a principal offender or as an abettor, as if both such criminal act and the death had happened in Zanzibar.

(2.) In the case of any crime committed on the high seas, or within the Admiralty jurisdiction, by any British subject who at the time of committing such crime was on board a British ship, or on board a foreign ship to which he did not belong, a Court acting under this Order shall have jurisdiction as if the crime had been committed within Zanzibar.

(3.) In cases tried under this Article no different sentence can be passed from the sentence which could be passed in England if the crime were tried there.

(4.) The foregoing provisions of this Article shall be deemed to be adaptations, for the purposes of this Order, and of "The Foreign Jurisdiction Act, 1878," of the following enactments described in the First Schedule to that Act (that is to say):

"The Admiralty Offences (Colonial) Act, 1849.” "The Admiralty Offences (Colonial) Act, 1860." "The Merchant Shipping Act, 1867,” section 11.

And the said enactments shall, so far as they are repeated and adapted by this Article (but no further or otherwise), extend to Zanzibar.

15. "The Fugitive Offenders Act, 1881," shall apply to Zanzibar in the same manner as if it were a British possession, and for the purposes of Part II. of the said Act, and of this Article, Zan- zibar, British India, Natal, and the Cape of Good Hope shall be deemed to be one group of British possessions, and the Consul-General shall, as regards any place within his jurisdiction, have the powers of a Governor or Superior Court of a British possession.