410
Title.
Preamble.
In certain Cases of
Piracy by Chinese
THE HONGKONG GOVERNMENT GAZETTE, Seи JULY, 1865.
HONGKONG.
ANNO VICESIMO NONO VICTORIÆ REGINÆ.
No. 13 of 1865.
By His Excellency WILLIAM THOMAS MERCER, Esquire, Acting Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice- Admiral of the same, with the Advice of the Legislative Council of Hongkong. W. T. MERCER.
An Ordinance for the Rendition in certain Cases of Chinese Subjects charged with Piracy.
[3rd July, 1865.]
Whereas it is expedient to make Provision in certain Cases for the Rendition to the Chinese Authorities, in order that they may be tried by the Tribunals of their own Country, of such Chinese Subjects as shall be brought by Officers of Her Majesty's Navy within the Jurisdiction of the Supreme Court of Hongkong charged with the Crime of Piracy: Be it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
I. Whenever such Chinese Subjects shall be brought before a Magistrate upon a Subjects the Magis- Charge of Piracy, and it shall appear at the Close of the Investigation of the said Charge, trate shall commit that the alleged Piracy has not been committed within Colonial Waters, or against such Chinese Subjects British Subjects, or Residents of Hongkong, the Magistrate shall commit such forward the Deposi- Chinese Subjects for safe Custody to Prison, and shall forthwith transmit to the Governor tions to the Governor, the Depositions taken by him in the Course of such Investigation, and all Documents in
his Possession connected therewith.
to Prison, and shall
issue his Warrant or
jects to the Chinese
The Governor may II. It shall be lawful for the Governor, if in his Discretion he shall think fit so to Order for the Rendition do, to issue his Warrant or Order for the Rendition of such Chinese Subjects to the of such Chinese Sub- Chinese Authorities, in order that they may be tried by the Tribunals of their own Authorities and to Country: Provided always, that if, before the Rendition of such Chinese Subjects, the revoke or cancel such Governor shall revoke his said Warrant or Order, or shall in the first Instance decline to issue the same, such Chinese Subjects may be committed for Trial by the said Magistrate, and be dealt with in all other Respects as if this Ordinance had not been passed.
Warrant or Order.
Protection of Off-
Authority of this
Ordinance.
III. The Proof of any Warrant or Order issued by the Governor by virtue of this cers acting under the Ordinance shall be a sufficient Justification upon the Return to any Writ of Habeas Corpus, and a sufficient Answer to any Action brought against any Magistrate, Gaoler. Officer of Police or other Person for anything done in Obedience to such Warrant or Order, and every Person against whom such Writ shall be issued or such Action brought shall be entitled to a Judgment or Verdict in his Favor, and to his Costs as between Attorney and Client.
Interpretation of
Terms.
Proviso as to
IV. For the Purposes of this Ordinance the Term "Colonial Waters" shall mean the Waters of the Colony of Hongkong.
*
The Term "Magistrate" shall mean any Police Magistrate in this Colony. The Term "Chinese Authorities" shall mean any Officer of the Chinese Govern- ment, accredited by such Government and recognised as such Officer by the Government of Hongkong.
The Term "Governor" shall mean the Officer Administering the Government of
Hongkong for the time being.
V. Nothing herein contained shall be construed to affect in any way the Provisions Ordinance 2 of 1850. of Ordinance No. 2 of 1850.
Commencement of
Ordinance.
VI. This Ordinance shall come into operation on such Day as the Governor shall appoint by Proclamation.
Passed the Legislative Council of Hongkong, this 3rd Day of July, 1865.
L. D'ALMADA E CASTRO,
Clerk of Councils.
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