675031-1883-Fugitives-Offenders-Act-1881- — Page 10

THE HONGKONG GOVERNMENT GAZETTE, 20TH JANUARY, 1883.

37

Definitions and Repeal.

A.D. 1881.

Definition of terms.

39. In this Act, unless the context otherwise requires,— The expression "Secretary of State" means one of Her Majesty's Principal Secre- "Secretary of

taries of State:

State:

The expression "British possession" means any part of Her Majesty's dominions, "British posses-

exclusive of the United Kingdom, the Channel Islands, and Isle of Man; all sion:" territories and places within Her Majesty's dominions which are under one legislature shall be deemed to be one British possession and one part of Her Majesty's dominions: ✔

The expression "legislature," where there are local legislatures as well as a central "Legislature: "

legislature, means the central legislature only:

The expression "governor" means any person or persons administering the "Governor:"

government of a British possession, and includes the governor and lieutenant governor of any part of India:

The expression "constable" means, out of England, any policeman or officer

having the like powers and duties as a constable in England: The expression "magistrate" means, except in Scotland, any justice of the peace, and in Scotland means a sheriff or sheriff substitute, and in the Channel Islands, Isle of Man, and a British possession means any person having authority to issue a warrant for the apprehension of persons accused of offences and to commit such persons for trial:

"Constable:"

"Magistrate :"

on indictment:

"Oath:"

"

The expression "offence punishable on indictment" means, as regards India, an "Offence punishable

offence punishable on a charge or otherwise : The expression

"oath" includes affirmation or declaration in the case of persons allowed by law to affirm or declare instead of swearing, and the expression "swear" and other words relating to an oath or swearing shall be construed accordingly: The expression "deposition

deposition" includes any affidavit, affirmation, or statement "Deposition :" made upon oath as above defined:

The expression "superior court" means:

(1.) In England, Her Majesty's Court of Appeal and High Court of Justice; and (2.) In Scotland, the High Court of Justiciary; and

(3.) In Ireland, Her Majesty's Court of Appeal and Her Majesty's High Court

of Justice at Dublin; and

(4.) In a British possession, any court having in that possession the like criminal jurisdiction to that which is vested in the High Court of Justice in England,

or such court or judge as may be determined by any Act or ordinance of that possession.

"Superior Court.”

Act.

40. This Act shall come into operation on the first day of January one thousand Commencement of eight hundred and eighty-two, which date is in this Act referred to as the commence- ment of this Act.

41. The Act specified in the Schedule to this Act is hereby repealed as from the Repeal of Act in commencement of this Act:

Provided that this repeal shall not affect

(a.) Any warrant duly endorsed or issued, nor anything duly done or suffered

before the commencement of this Act; nor

(b.) Any obligation or liability incurred under an enactment hereby repealed;

nor

(c.) Any penalty, forfeiture, or punishment incurred in respect of any offence

committed against any enactment hereby repealed; nor

(d.) Any legal proceeding or remedy in respect of any such warrant, obligation, liability, penalty, forfeiture, or punishment as aforesaid; and any such warrant may be endorsed and executed, and any such legal proceeding and remedy may be carried on, as if this Act had not passed.

SCHEDULE.

Schedule.

Year and Chapter.

6 & 7 Vict. c. 34..

Title.

An Act for the better apprehension of certain offenders.