674200-1884-Government-Notification-No-348 — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 27TH SEPTEMBER, 1884.

3.---(1) Where a prisoner has been removed in pursuance of this Act, a Secretary

4.

775

A.D. 1884.

: Government of a British possession to which the prisoner has been so Return of removed

order the prisoner, for the purpose of undergoing the residue of his sen- prisoner.

en to the British possession from which he was removed.

If Secretary of State or the Government of a British possession to which a oved under this Act, requires the prisoner to be returned for discharge session from which he was removed, the prisoner shall, in accordance as under this Act, be returned to the said British possession for the there discharged at the expiration of his sentence. In any other case discharged at the expiration of his sentence shall be entitled to be sent the British possession from which he was removed ;

that where a prisoner at the date of his sentence belonged to the Royal Her Majesty's regular military forces, nothing in this section shall require ner to be returned to the British possession from which he was removed, or

im to be sent there free of cost.

(1.) It shall be lawful for Her Majesty in Council from time to time to make, Regulations as to when mele, revoke and vary regulations as to the removal, return, and discharge

ter under this Act.

(2.) The regulations may provide for varying the conditions of a sentence of im- nnent passed in a British possession, where they differ from the conditions of a tence of imprisonment in the part of Her Majesty's dominions to which the prisoner oved with a view to bringing them into conformity with the latter conditions, the prisoner shall not by reason of such variation undergo an imprisonment of any r duration; and where the latter conditions appear to a Secretary of State to be severe than the former conditions, the Secretary of State may remit a portion of aprisonment, so that the punishment undergone by the prisoner shall not in the of the Secretary of State be more severe than the punishment to which the ter was originally sentenced, and the sentence of imprisonment shall, so long as prisoner remains in the part of Her Majesty's dominions to which he is removed, be into effect as if the conditions thereof as so varied were the conditions of the al sentence.

3. The regulations may also provide for the forms to be used under this Act and

for the execution of this Act.

.) All regulations made under this section shall be duly observed by all persons, all be laid before both Houses of Parliament as soon as may be after they are made.

5. The removing authority for the purposes of this Act shall be a Secretary of Removing authority.

ing with the concurrence of the Government of every British possession concerned. G.(1.) The concurrence of the Government of a British possession, and any requi- Evidence of act of

by the Government of a British possession, may be given or made by the Gov-government of in Council or such other authority as may be from time to time provided by the or Secretary of that possession, but shall be signified by writing under the hand of the Governor State. the Colonial Sercretary or of any other officer appointed in this behalf by the law

possession.

Any writing purporting to give such concurrence or make such requisition, . signed by the Governor or Colonial Secretary or other officer for the time hall be conclusive evidence that the concurrence of or requisition by the Gov- t of the British possession has been duly given or made according to law; and writing purporting to be under the hand of a Secretary of State, and to order the

of a prisoner from a British possession, shall be conclusive evidence that such has been duly given by the Secretary of State, and every such writing as above section mentioned shall be admissible in evidence in any court in Her Majesty's ons without further proof.

British possession

7-(1.) Where the removal of a prisoner from a British possession is ordered in Warrant for

of this Act, a Secretary of State or the Governor of the British possession removal of prisoner, warrant under his hand direct the prisoner to be removed to the part of Her dominions mentioned in the said order, and for that purpose to be delivered stody of the persons named or described in the warrant or some one or more and to be held in custody and conveyed by sea or otherwise to the said part of sty's dominions, there to undergo his sentence, or the residue thereof, until in pursuance of this Act or discharged, and such warrant shall be forthwith

cording to the tenor thereof.

Where a prisoner is to be returned to a British possession, a Secretary of the Governor of the possession in which he has been undergoing his sentence, a like warrant, which shall be duly executed according to the tenor thereof.