674200-1884-Government-Notification-No-348 — Page 1

774

THE HONGKONG GOVERNMENT GAZETTE, 27TH SEPTEMBER, 1884.

GOVERNMENT NOTIFICATION.--No. 348.

The following Circular Despatch, accompanying a copy of the Imperial Act, 47 and 48 Vict., chap. 31, entitled An Act to make further provision respecting the removal of Prisoners and Criminal Lunatics from Her Majesty's Possessions out of the United Kingdom, is published for general information.

By Command,

Colonial Secretary's Office, Hongkong, 27th September, 1884.

CIRCULAR.

FREDERICK STEWART,

Acting Colonial Secretary.

DOWNING STREET, 14th August, 1884.

SIR, I have the honour to transmit to you, for information, and publication in the Colony under your Government, a copy of the Imperial Act, 47 and 48 Vict., chap. 31, entitled An Act to make further provision respecting the removal of Prisoners and Criminal Lunatics from Her Majesty's Possessions out of the United Kingdom.

The Officer Administering the Government of

HONGKONG.

I have the honour to be,

Sir,

Your most obedient humble Servant,

DERBY.

A.D. 1884.

Short title.

Removal of prisoners from

British possessions in certain cases.

CHAPTER 31.

An Act to make further provision respecting the removal of Prisoners and Criminal Lunatics from Her Majesty's possessions out of the United Kingdom.

[28th July 1884.]

WHEREAS it is expedient to provide for the removal of prisoners undergoing sentence, and of criminal lunatics from one British possession to another British possession, or to the United Kingdom:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Preliminary.

1. This Act may be cited as the Colonial Prisoners Removal Act, 1884.

Prisoners Removal.

2. Where as regards a prisoner undergoing sentence of imprisonment in any British possession for any offence it appears to the removing authority herein-after mentioned either-

(a.) that it is likely that the life of the prisoner will be endangered or his health permanently injured by further imprisonment in such British possession; or,

(b.) that the prisoner belonged, at the time of committing the said offence, to

the Royal Navy or to Her Majesty's regular military forces; or, (c.) that the offence was committed wholly or partly beyond the limits of the

said British possession; or,

(d.) that by reason of there being no prison in the said British possession in which the prisoner can properly undergo his sentence or otherwise the removal of the prisoner is expedient for his safer custody or for more efficiently carrying his sentence into effect; or

(e) that the prisoner belongs to a class of persons who under the law of the

said British possession are subject to removal under this Act;

in any such case the removing authority may, subject nevertheless to the regulations in force under this Act, order such prisoner to be removed to any British possession or to the United Kingdom to undergo his sentence or the residue thereof.