THE HONGKONG GOVERNMENT GAZETTE, 20TH JANUARY, 1883.
A.D. 1881.
33
within one month
17. If a prisoner in a British possession whose return is authorised in pursuance of this part of this Act is not conveyed out of that possession within one month after Discharge of pri- the date of the warrant ordering his return, a magistrate or a superior court, upon soner not returned application by or on behalf of the prisoner, and upon proof that reasonable notice of the to British possession intention to make such application has been given to the person holding the warrant of same group. and to the chief officer of the police of such possession or of the province or town where the peisoner is in custody, may, unless sufficient cause is shown to the contrary, order such prisoner to be discharged out of custody.
Any order or refusal to make an order of discharge by a magistrate under this section shall be subject to appeal to a superior court.
prisoner not prose-
of
18. Where a prisoner accused of an offence is returned in pursuance of this part Sending back of of this Act to a British possession, and either is not prosecuted for the said offence ented or acquitted within six months after his arrival in that possession or is acquitted of the said offence, to British possession the governor of that possession, if he thinks fit, may, on the requisition of such person, same group. cause him to be sent back, free of cost, and with as little delay as possible, to the British possession in or on his way to which he was apprehended.
offence too trivial,
19. Where the return of a prisoner is sought or ordered under this part of this Refusal to return Act, and it is made to appear to a magistrate or to a superior court that by reason of prisoner where the trivial nature of the case, or by reason of the application for the return of such prisoner not being made in good faith in the interests of justice or otherwise, it would, having regard to the distance, to the facilities of communication, and to all the cir- cumstances of the case, be unjust or oppressive, or too severe a punishment, to return the prisoner either at all or until the expiration of a certain period, the court or magis- trate may discharge the prisoner either absolutely or on bail, or order 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 magistrate or court seems just.
Any order or refusal to make an order of discharge by a magistrate under this section shall be subject to an appeal to a superior court.
PART III.
Trial, &c. of Offences.
20. Where two British possessions adjoin, a person accused of an offence com- Offences committed mitted on or within the distance of five hundred yards from the common boundary of on boundary of two such possessions may be apprehended, tried, and punished in either of such possessions. possessions.
adjoining British
21. Where an offence is committed on any person or in respect of any property in Offences committed or upon any carriage, cart, or vehicle whatsoever employed in a journey, or on board on journey between
two British pos- any vessel whatsoever employed in a navigable river, lake, canal, or inland navigation, sessions. the person accused of such offence may be tried in any British possession through a part of which such carriage, cart, vehicle, or vessel passed in the course of the journey or voyage during which the offence was committed; and where the side, bank, centre, or other part of the road, river, lake, canal, or inland navigation along which the carriage, cart, vehicle, or vessel passed in the course of such journey or voyage is the boundary of any British possession, a person may be tried for such offence in any British posses- sion of which it is the boundary:
Provided that nothing in this section shall authorise the trial for such offence of a person who is not a British subject, where it is not shown that the offence was com- mitted in a British possession.
22. A person accused of the offence (under whatever name it is known) of swear- Trial of offence of ing or making any false deposition, or of giving or fabricating any false evidence, for false swearing or
giving false the purposes of this Act, may be tried either in the part of Her Majesty's dominions in evidence. which such deposition or evidence is used, or in the part in which the same was sworn, made, given, or fabricated, as the justice of the case may require.
of person
in any
23. Where any part of this Act provides for the place of trial of a person accused Supplemental of an offence, that offence shall, for all purposes of and incidental to the apprehension, provision as to trial trial, and punishment of such person, and of and incidental to any proceedings and place. matters preliminary, incidental to, or consequential thereon, and of and incidental to the jurisdiction of any court, constable, or officer with reference to such offence, and to any person accused of such offence, be deemed to have been committed in any place in which person accused of the offence can be tried for it; and such person may be punished in accordance with the Courts (Colonial) Jurisdiction Act, 1874.
the
37 & 38 Vict. e. 27.
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