675031-1883-Fugitives-Offenders-Act-1881- — Page 4

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THE HONGKONG GOVERNMENT GAZETTE, 20TH JANUARY, 1883.

remanded for such reasonable time not exceeding seven days at any one time, as under the circumstance seems requisite for the production of an endorsed warrant.

A.D. 1881.

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6. Upon the expiration of fifteen days after a fugitive has been committed to Return of fugitive prison to await his return, or if a writ of habeas corpus or other like process is issued by warrant. with reference to such fugitive by a superior court, after the final decision of the court

in the case

(1.) If the fugitive is so committed in the United Kingdom, a Secretary of State; and (2.) If the fugitive is so committed in a British possession, the governor of that

possession,

may, if he thinks it just, by warrant under his hand order that fugitive to be returned to the part of Her Majesty's dominions from which he is a fugitive, and for that purpose to be delivered into the custody of the persons to whom the warrant is addressed, or some one or more of them, and to be held in custody, and conveyed by sea or otherwise to the said part of Her Majesty's dominions, to be dealt with there in due course of law as if he had been there apprehended, and such warrant shall be forthwith executed according to the tenor thereof.

The governor or other chief officer of any prison, on request of any person having the custody of a fugitive under any such warrant, and on payment or tender of a reasonable amount for expenses, shall receive such fugitive and detain him for such reasonable time as may be requested by the said person for the purpose of the proper execution of the warrant.

within

7. If a fugitive who, in pursuance of this part of this Act, has been committed to Discharge of person prison in any part of Her Majesty's dominions to await his return, is not conveyed out apprehended if not of that part within one month after such committal, a superior court, upon application one month. by or on behalf of the fugitive, and upon proof that reasonable notice of the intention to make such application has been given, if the said part is the United Kingdom to a Secretary of State, and if the said part is a British possession to the governor of the possession, may, unless sufficient cause is shown to the contrary, order the fugitive to be discharged out of custody.

a

8. Where a person accused of an offence and returned in pursuance of this part of this Act to any part of Her Majesty's dominions, either is not prosecuted for the said offence within six months after his arrival in that part, or is acquitted of the said offence, then if that part is the United Kingdom a Secretary of State, and if that part is British possession the governor of that possession, may, if he think fit, on the request of such person, cause him to be sent back free of cost and with as little delay as possible to the part of Her Majesty's dominions in or on his way to which he was apprehended.

Sending back of hended if not prosecuted within acquitted.

persons appre-

six months or

this part of this

9. This part of this Act shall apply to the following offences, namely, to treason Offences to which and piracy, and to every offence, whether called felony, misdemeanour, crime, or by any Act applies. other name, which is for the time being punishable in the part of Her Majesty's dominions in which it was committed, either on indictment or information, by imprisonment with hard labour for a term of twelve months or more, or by any greater punishment; and for the purposes of this section, rigorous imprisonment, and any confinement in a prison combined with labour, by whatever name it is called, shall be deemed to be imprisonment with hard labour.

This part of this Act shall apply to an offence notwithstanding that by the law of the part of Her Majesty's dominions in or on his way to which the fugitive is or is suspected of being it is not an offence, or not an offence to which this part of this Act applies; and all the provisions of this part of this Act, including those relating to a provisional warrant and to a committal to prison, shall be construed as if the offence were in such last-mentioned part of Her Majesty's dominions an offence to which this part of this Act applies.

fugitive when case

10. Where it is made to appear to a superior court that by reason of the trivial Powers of superior nature of the case, or by reason of the application for the return of a fugitive not being court to discharge made in good faith in the interests of justice or otherwise, it would, having regard to frivolous or return the distance, to the facilities for communication, and to all the circumstances of the unjust. case, be unjust or oppressive or too severe a punishment to return the fugitive either at all or until the expiration of a certain period, such court may discharge the fugitive, either absolutely or on bail, or other that he shall not be returned until after the expiration of the period named in the order, or may make such other order in the premises as to the court seems just.

Lieutenant in Ireland.

11. In Ireland the Lord Lieutenant or Lord Justices or other chief governor or Power of Lord governors of Ireland, also the chief secretary of such Lord Lieutenant, may, as well as a Secretary of State, execute any portion of the powers by this part of this Act vested in a Secretary of State.