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THE HONGKONG GOVERNMENT GAZETTE, 6TH AUGUST, 1887.
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A sentence of death shall be carried into effect in the West Africa Settlements or the Gold Coast Colony, as the Secretary of State directs.
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When a person is sent to a Colony for execution of a sentence of death or imprisonment, provisions of the fifth section of "The Foreign Jurisdiction Act, 1843," shall be observed.
26. Where a person is to be removed from a Consular district, either for trial in another Consular district, or in England, or in a Colony, or for the execution of a sentence in a Colony, or under an order of deportation, a warrant for the purpose shall be issued by the Judge of the Court under his band and seal, and the person may, under such warrant, be taken to and put on board of one of Her Majesty's ships, or some other fit ship, and shall be conveyed in such ship or otherwise to the place named in the warrant.
Pending removal, the person shall, if the Court so orders, by indorsement on the warrant, be arrested and detained in custody or in prison until an opportunity for removal occurs.
On arrival at the place named in the warrant, the person, if removed under an order of deport- ation, shall be discharged, or otherwise shall be handed over to the proper gaoler, constable, magis- trate, or officer.
Where a warrant of deportation provides for further deportation from the place to which the person is first deported to some other place, the person shall, on his arrival at such first-mentioned place, be delivered with the warrant into the custody of the Chief Magistrate or officer of police at that place who shall detain him, and shall forthwith report the case to the Governor or person administering the Government at that place, who shall either cause him to be further deported with, and in accord- ance with, the warrant, and in the meantime to be detained in custody for any necessary period not exceeding three months, or, if the circumstances of the case appear to render his discharge expedient, shall discharge him from custody.
A warrant of removal is sufficient authority to the person to whom it is directed or delivered for execution, and to the person in command of any ship, and to every person acting under the warrant or in aid of any such person, to take, receive, detain, convey, and deliver the person named therein in the manner thereby, directed, and generally is sufficient authority for anything done in execution or intended execution of the warrant.
A warrant of removal otherwise than under an order for deportation must be issued in duplicate, and the person executing it must, on arriving at the place named, deliver one of the duplicates with the prisoner to the proper gaoler, constable, magistrate, or officer.
27.-(1.) Any male person subject to this Order who is of good repute and full age (including any person belonging to a British ship) may be an Assessor.
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·(2.) The number of Assessors shall be not fewer than two or more than four. If the Consul any case is unable to obtain two impartial and competent Assessors without unreasonable delay, he may act with one only, or in case of urgent necessity without any Assessor, but in any such event the fact, and the reasons for his so acting, shall be recorded by him in his minutes of the case.
(3.) An Assessor shall have no voice in the decision of a case or in awarding sentence, but the dissent of an Assessor shall at his request be entered on the minutes of the case, with any reasons assigned by him for such dissent.
(4.) A British subject or British-protected person summoned in writing by the Consul to act as an Assessor, who, after reasonable notice of the time and place appointed for the hearing of the case, fails to attend at and during the hearing shall be deemed guilty of an offence against this Order, and shall be liable to a penalty not exceeding 201., which fine may be summarily imposed by the Consul in the presence or absence of such person, but shall be remitted upon such person attending in person, or by his agent or representative, and satisfying the Consul that there was a reasonable excuse for his default.
28. Every Court acting under this Order shall have power to rehear any civil matter, and to review its judgments or orders in any case in which in the opinion of the Court justice so requires, on such terms as to costs and otherwise as the Court thinks just.
29. Where a sentence is under this Order to be submitted for review to the Chief Justice of the West Africa Settlements or the Chief Justice of the Gold Coast Colony, the Consular Court shall transmit the minutes of the case, with such observations as the Consul thinks necessary, and the Court of Review shall return the minutes, with such instructions as they think fit to give, either as to findings of fact, or as to law, or as to mitigation of sentence, and the Consular Court shall give effect to such instructions.
Pending the review of a sentence, the Consular Court may suspend the execution of the sentence, but is not obliged so to do unless so directed by the Chief Justice to whom the case is submitted or byla Secretary of State. In either case the Consular Court may unless otherwise directed take such security by way of bail or otherwise, and if necessary by commitment to prison for safe custody, as it thinks necessary for submission to the ultimate sentence.
Any Judge of the Supreme Court of either of the above-mentioned Colonies may act for the Chief Justice for the purposes of this Article.
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