84
Expenses of witnesses, jurors, &c.
Imprisonment in His Majesty's dominions.
CHINA ORDER IN COUNCIL.
(2) But if afterwards, from want of sufficient evidence or other cause the accused is discharged, the Court shall order that the person imprisoned for so refusing be also discharged.
(3) Where the prosecutor or witness is not a British subject, the Court may require him either to enter into a recognizance or to give other security for his attendance at the trial, and if he fails to do so may in its discretion dismiss the charge.
52. Subject to Rules of Court made under this Order, the Court may order payment of allowances in respect of their reasonable expenses to any complainant or witness attending before the Court on the trial of any criminal case by a jury or with assessors, and also to jurors, assessors, interpreters, medical practitioners, or other persons employed in or in connection with criminal cases.
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66.-(1) Where an offender is sentenced to imprisonment, and the Supreme Court thinks it expedient that the sentence be carried into effect within His Majesty's dominions, and the offender is accordingly
53 & 54 Vict., under section 7 of the Foreign Jurisdiction Act, 1890, sent for imprisonment to a place in His Majesty's dominions, the place shall be either Hongkong, or a place in some other part of His Majesty's dominions, the Government whereof consents that offenders may be sent thither under this Article.
c. 37.
Offences within 100 miles of coast.
(2) The Supreme Court may, by warrant under the hand of a Judge and the seal of the Court, cause the offender to be sent to Hongkong, or other such place as aforesaid, in order that the sentence may be there carried into effect accordingly.
(3) The warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named, and to carry him to and deliver him up at the place named, according to the warrant.
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Authority within 100 miles of coast.
80.-(1) Where a British subject, being in China, is charged with having committed, either before or after the commencement of this Order, any offence within a British ship at a distance of not more than 100 miles [as to pardon from the coast of China, or within a Chinese ship at such a distance as aforesaid, or within a ship not lawfully entitled to claim the protection of the flag of any State, at such a distance as aforesaid, any of His Majesty's Courts in China within the jurisdiction whereof he is found may cause him to be apprehended and brought before it, and may take the preliminary examination and commit him for trial.
see Letters Patent, 22nd October, 1866 post p. 89.]
(2) If the Court before which the accused is brought is a Provincial Court, the Court shall report to the Supreme Court the pendency of the case.
IPage 6
84
Expenses of witnesses, jurors, &c.
Imprison- ment in His Majesty's dominions.
CHINA ORDER IN COUNCIL.
(2) But if afterwards, from want of sufficient evidence or other cause the accused is discharged, the Court shall order that the person imprisoned for so refusing be also discharged.
(3) Where the prosecutor or witness is not a British subject, the Court may require him either to enter into a recognizance or to give other security for his attendance at the trial, and if he fails to do so may in its discretion dismiss the charge.
52. Subject to Rules of Court made under this Order, the Court may order payment of allowances in respect of their reasonable expenses to any complainant or witness attending before the Court on the trial of any criminal case by a jury or with assessors, and also to jurors, assessors, interpreters, medical practitioners, or other persons employed in or in connection with criminal cases.
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*
*
*
66.-(1) Where an offender is sentenced to imprisonment, and the Supreme Court thinks it expedient that the sentence be carried into effect within His Majesty's dominions, and the offender is accordingly 53 & 54 Viel, under section 7 of the Foreign Jurisdicton Act, 1890, sent for imprison- ment to a place in His Majesty's dominions, the place shall be either Hongkong, or a place in some other part of His Majesty's dominions, the Government whereof consents that offenders may be sent thither under this Article.
c. 37.
Offences
within 100
miles of coast.
(2) The Supreme Court may, by warrant under the hand of a Judge and the seal of the Court, cause the offender to be sent to Hongkong, or other such place as aforesaid, in order that the sentence may be there carried into effect accordingly.
(3) The warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named, and to carry him to and deliver him up at the place named, according to the warrant.
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Authority within 100 miles of coast.
80.-(1) Where a British subject, being in China, is charged with having committed, either before or after the commencement of this Order, any offence within a British ship at a distance of not more than 100 miles [as to pardon from the coast of China, or within a Chinese ship at such a distance as by Governor of Hongkong aforesaid, or within a ship not lawfully entitled to claim the protection of the flag of any State, at such a distance as aforesaid, any of His Majesty's Courts in China within the jurisdiction whereof he is found may cause him to be apprehended and brought before it, and may take the prelim- inary examination and commit him for trial.
see Letters
Patent, 22nd October, 1866 post p. 89.]
(2) If the Court before which the accused is brought is a Provincial Court, the Court shall report to the Supreme Court the pondency of the
case.
IPage 6
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