1890_FOREIGN_OFFENDERS_DETENTION_ORDINANCE__1872 — Page 2

1148

Short title,

Interpreta- tion “Con- sular Officer."

Super-

intendent of Gaol."

Upon requi sition the

Governor may

issue warrant

to Police

Magistrates.

Warrant or order of

Magistrate.

Proceedings before the Magistrate,

Production of warrant of transmission.

Proof of identity.

ORDINANCE No. 14 OF 1872.

Detention of Foreign Offenders.

detention and custody, within the Colony, of such offenders pending the necessary arrangements for their transmission as aforesaid: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as "The Foreign Offenders Detention Ordinance, 1872."

2. In the interpretation of this Ordinance, the term "Consular Officer" includes a Consul General, Consul, Vice-Consul, Consular Agent, and any person for the time being discharging the duties of Consul General, Consul, Vice-Consul, or Consular Agent.

The term "Superintendent of the Gaol" includes the Superintendent of Victoria Gaol or the keeper of any prison or place of custody for criminals within this Colony.

3. In case requisition shall at any time be made to the Governor by the Consular Officer in this Colony of any Foreign Government to apprehend and temporarily detain in custody any person, who being a subject of such Foreign Government, and having been accused or convicted.

of

any crime alleged to have been committed in China or Japan is brought within this Colony in the course of his transmission to his own country for trial or punishment, it shall be lawful for the Governor, if he shall in his discretion think fit, by warrant under his hand and the seal of the Colony to signify that such requisition has been made and to require the Police Magistrates to govern themselves accordingly and to aid in apprehending the person so accused or convicted and hereinafter referred to as the offender.

.4. Upon the issue of such warrant as aforesaid, it shall be lawful for any Police Magistrate to issue his warrant for the apprehension of the offender to be dealt with in manner hereinafter provided.

5. If the offender be apprehended, he shall be brought forthwith. before the Magistrate, and the following conditions and regulations shall be complied with:-

1. There must be the production before the Magistrate of the warrant or other official document authorizing the trans- mission of the offender for trial or punishment as aforesaid 2. In every case, proof of the identity of the offender must be

given to the satisfaction of the Magistrate;