1912_CHINA_(AMENDMENT)_ORDER_IN_COUNCIL — Page 1

CHINA (AMENDMENT) ORDER IN COUNCIL.

3.-CHINAS (AMENDMENT) ORDER IN COUNCIL.

At the Court at St. James's, the 2nd day of August, 1910.

PRESENT:

The King's Most Excellent Majesty.

WHEREAS by treaty, grant, usage, sufferance, or other lawful means, His Majesty the King has jurisdiction within the dominions of the Emperor of China :--

Now, THEREFORE, His Majesty, by virtue and in exercise of the powers

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in this behalf by the Foreign Jurisdiction Act, 1890, or otherwise in His 53 & 54 Vict Majesty vested, is pleased, by and with the advice of His Privy Council, c. 37. to order, and it is hereby ordered, as follows :-

1. This Order may be cited as "The China (Amendment) Order in Council, 1910", and shall be read as one with the China Order in Council, 1904, hereinafter referred to as the "Principal Order", and the Principal Order, the China (Amendment) Order in Council, 1907, the China (Amendment) Order in Council, 1999, and this Order may be cited together as "The China Orders in Council, 1904 to 1910".

2.-(1) Where a British subject is sentenced to imprisonment for a term of not less than 6 months, the Court may, as part of the sentence order that he be deported.

(2) Article 83, sub-articles 4 to 11, of the Principal Order and Article 6 of the China (Amendment) Order in Council, 1907, shall apply to deportations under this Article.

3. Where a person not belonging to Hongkong is sentenced to imprison- ment and deportation under Article 2, and is sent for imprisonment to Hongkong, the Governor of Hongkong shall, if lawfully empowered thereto, deport such person to the place to which he was ordered by the Court to be deported; and if not so empowered, the Governor shall cause such person to be sent back to Shanghai,

4.-(1) Where a warrant is issued by the Minister to the person for the time being in command of a police force in any foreign concession or settlement in China, as provided in Article 3, sub-article 3,* of the China * [This (Amendment) Order in Council, 1909, the jurisdiction authorised by the Article said warrant shall be exercised in conformity with, and shall be subject reference to to, such rules as the Judge of the Supreme Court, with the approval of Hongkong.] the Secretary of State, may make, and pending the issue of such rules, such of the China Rules of Court, 1905, as the Judge may direct.

The references in this Order to Corea are omitted,

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