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THE HONGKONG GOVERNMENT GAZETTE, 6TH AUGUST, 1887.
Security for Good Behaviour.
16. Where a British subject is convicted of an offence, the Court before which he is convicted 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 it thinks fit, cause him to come or be brought before the Court.
Deportation.
17.-(a.) If a Bitish subject required by an order under the last preceding Article of this Order, or under the Law relating to Criminal Procedure for the time being in force, to give security for good behaviour or for keeping the peace, fails to do so, the Court making the order may, if it thinks fit, order that he be deported from Zanzibar to a place to be named by the Consul-General.
(b.) The Court, on making an order of deportation, shall forthwith report to the Consul-General the order and the grounds thereof.
(c.) Thereupon the person ordered to be deported shall; if the Consul-General thinks fit, be, as soon as practicable, and in the case of a person convicted, either after execution of the sentence, or while it is in course of execution, removed in custody, under the warrant of the Consul-General, to the place named in the warrant.
(d.) 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 to the reception therein of persons deported under this Order.
(e.) The Court, on making an order of deportation, may, if it thinks fit, order the person to be deported to pay all or any part of the expenses of his deportation, to be fixed by the Court in the order. Subject thereto, the expenses of deportation shall be defrayed as the Secretary of State, with the concurrence of the Commissioners of Her Majesty's Treasury, directs.
(f) The Consul-General shall forthwith report to the Secretary of State every order of deporta- tion made under this Order, and the grounds thereof, and the proceedings thereunder.
(9.) If a person deported under this Order returns to Zanzibar without permission in writing of the Consul-General or Secretary of State, 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.
(h.) He shall also be liable to be forthwith again deported under the original or a new order and a fresh warrant of the Consul-General.
Criminal Appeals to Bombay.
18.-(a.) Where a person entitled to appeal to the High Court of Bombay from any judgment or order passed in the exercise of criminal jurisdiction under this Order desires so to appeal, he shall present his petition of appeal to the Court which passed the judgment or order; and the petition shall with all practicable speed be transmitted by or through the Consul-General to the High Court, with certified copies of the charge (if any) and proceedings, of all documentary evidence admitted or tendered, of the depositions, of the notes of the oral testimony, and of the judgment or order, and any argument on the petition of appeal that the appellant desires to submit to the High Court.
19. The Court against whose judgment or order the appeal is preferred shall postpone the execu- tion of the sentence pending the appeal; and shall, if necessary, commit the person convicted to prison for safe custody, or detain him in prison for safe custody, or shall admit him to bail, and may take security, by recognizance, deposit of money, or otherwise, for his payment of any fine.
Process of Removal or Deportation.
20.-(a.) Where, under this Order, a person is to be sent, or removed, or deported, from Zan-. zibar, he shall, by warrant of the Consul-General, under his hand and seal, be detained, if necessary, in custody, or in prison, until a fit opportunity for his removal or deportation occurs, and then be put on board one of Her Majesty's vessels of war, or, if none is available, then on board some other British or other fit vessel.
(b.) The warrant of the Consul-General shall be sufficient authority to the person to whom it is directed or delivered for execution, and to the Commander or master of the vessel, to receive and detain the person therein named, in the manner therein prescribed, and to send or remove and carry him to the place therein named, according to the warrant.
(c.) In case of sending or removal for any purpose other than deportation, the warrant of the Consul-General shall be issued in duplicate, and the person executing it shall, as soon as practicable after his arrival at the place therein named, deliver, according to the warrant, with one of the dupli cates of the warrant, to a constable or proper officer of police or keeper of a prison, or other proper authority or person there, the person named in the warrant to be produced on the order of the proper Court or authority there, or to be otherwise dealt with according to law.
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