1901_FOREIGN_OFFENDERS_DETENTION_ORDINANCE__1872 — Page 2

D. 1872.

A.D. 1872.] FOREIGN OFFENDERS DETENTION. [No. 1.

shall be complied with; that is to say,—

303

Foreign

872.]

to China

nes com-

course of nishment e for the ffenders, foresaid:

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9

he Col-

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thwith lations

(1.) there must be produced before the Magistrate the warrant or other official document authorizing the transmission 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; (3.) the warrant or other official document of transmission shall be

sufficiently proved if it purports to bear the signature and seal of a Diplomatic or Consular Officer in China or Japan of the Foreign Government of which such offender is a subject, and, for the pur- poses of this Ordinance, the warrant or other document so authen- ticated shall be deemed and taken to have been legally issued and shall be evidence of all facts stated therein; and

(4.) the offender shall be asked if he has any valid cause to show why he should not be committed to gaol to await the order of the Governor.

6. If the offender fails to show cause, to the satisfaction of the Magis- trate, why he should not be committed, the Magistrate shall commit him to gaol, there to await the order of the Governor.

Committal by Magistrate.

Schedule: Form No. 3.

7. The Magistrate before whom the offender is brought shall, at the Report by conclusion of the case, send a report thereon to the Governor.

8.-(1.) The Governor may, after the committal of the offender to gaol as aforesaid, issue an order directed to the Superintendent of the Gaol for the delivery up of the offender to the Consular Officer of the said Foreign Government, or other person mentioned in such order, at such place within the Colony and in such manner as may be specified by the said order, for the purpose of his transmission as aforesaid; and the offender shall be delivered up accordingly.

(2.) If the offender escapes out of any custody to which he has been committed or to which he has been delivered as aforesaid, it shall be lawful to retake him in the same manner as any person accused of any felony committed within the Colony may be retaken on an escape.

Magistrate to Governor.

Order by Governor for delivery up of offender to Officer, etc. Schedule:

Consular

Form No. 4.

issue order of

9. The Governor may, at any time before the offender has been Power to conveyed out of the Colony, issue an order for his release from custody under this Ordinance, and thereupon the offender shall be forthwith discharged from such custody.

10. If any action is brought against a Magistrate, gaoler, officer of Police, Consular Officer, or any other person whomsoever for anything done in obedience to or in pursuance of any warrant or order issued under the provisions of this Ordinance, the proof of such warrant or order shall be a sufficient answer to such action; and the defendant, on

Governor to release. Schedule: Form No. 5.

Protection to Magistrate. etc., acting under the

Ordinance.