DIE
ET
MON
ROTT.
THE HONGKONG
Government Gazette.
Published by Authority.
No. 38.
VICTORIA, SATURDAY, 19TH SEPTEMBER, 1874.
VOL. XX.
No. 145.
GOVERNMENT NOTIFICATION.
The following Circular Despatch, of the 11th July, from Her Majesty's Principal Secretary of State for the Colonies is published for general information.
By Command,
Colonial Secretary's Office, Hongkong, 17th September, 1874.
CIRCULAR.
J. GARDINER AUSTIN,
Colonial Secretary.
DOWNING STREET, 11th July, 1874.
SIR,-I have the honor to transmit a Copy of an Act, 37 and 38 Victoria, cap. 27, which has passed this Session, intituled "An Act to regulate the sentences imposed by Colonial Courts where "jurisdiction to try is conferred by Imperial Acts,"
2. As you are aware jurisdiction is given by certain Imperial Acts, as, for instance, 9 George 4, cap. 83, section 4, and 12 and 13 Victoria, cap. 96, to Colonial Courts to try offences committed beyond the jurisdiction of those Courts, and the persons convicted are made liable to suffer such pu- nishment as by any law or laws in force at the time of the passing of such Acts, they would have been liable to if the offence had been committed and tried in England.
3. Difficulties have recently arisen, both in Victoria and Malta, in deciding what sentences could be passed upon persons tried and convicted in the Colonial Courts for offences committed out of the Colonies, but made triable within them by Imperial Act; and the Act now transmitted has been passed with a view to prevent any such questions arising for the future.
4. The Act provides that such punishment may be inflicted in such cases as might have been inflicted if the offences had been committed within the Colony.
5. The Act also includes cases, if any, where offences, if committed within the local jurisdiction of a Colonial Court, are by Imperial Act made punishable according to the Law of England.
6. Moreover, special provision is made at the end of the third section to meet the case of an offence not punishable by the Law of the Colony in which the trial takes place; and the Colonial Court is in such case empowered to impose such punishment (other than capital punishment) as shall seem to the Court most nearly to correspond to the punishment to which such person would have been liable in case such crime or offence had been tried in England.
7. These cases will, probably, be of rare occurrence; but it was thought desirable to embrace all possible cases, and to make the legislation upon the subject final and complete.
8. The usual steps should be taken to make the provisons of this Act known in the Colony under
your
Government.
I have the honor to be,
Sir,
The Officer Administering the Government of
HONGKONG.
Your most obedient humble Servant,
CARNARVON.
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