CHINA ORDER IN COUNCIL.
Fugitive Offenders.
offenders
87
88. The Fugitive Offenders Act, 1881, and the Colonial Prisoners Fugitive Removal Act, 1884, shall apply to China as if that place were a British possession and part of His Majesty's dominions;
Subject as follows:-
(a) His Majesty's Minister in China, is hereby substituted for the Governor or Government of a British possession; and
(b) The Supreme Court is hereby substituted for a Superior Court of a British possession.
(c) The Supreme Court and each Provincial Court is hereby substituted for a Magistrate of any part of His Majesty's dominions.
(d) For the purposes of Part II of the said Act of 1881, and of this Article in relation thereto, China, Wei-hai-Wei, and Hongkong shall be deemed to be one group of British possessions.
44 & 45 Vict, c. 69. 47 & 48 Vict, c. 31,
Criminal Procedure.
of accused
123. Whenever under this Order any person is to be taken for trial or imprisonment or by way of deportation or for any other purpose, to the Supreme Court or elsewhere in China or to Hongkong, England, or elsewhere, the Court or other authority by this Order authorised to cause him to be so taken, may for that purpose (if necessary) cause him to be embarked on board one of His Majesty's ships of war, or if there is no such ship available, then on board any British or other fit ship, at any port or place whether within or beyond the particular jurisdiction or district of that Court or authority, and in order to such embarkment may (if necessary) cause him to be taken, in custody or otherwise, by land or by water, from any place to the port or place of embarkment.
The writ, order, or warrant of the Court, by virtue whereof any person is to be so taken, shall be sufficient authority to every constable, officer, or other person acting thereunder, and to the commander or master of any ship of war, or other ship (whether the constable, officer, or other person, or the ship or the commander or master thereof, is named therein or not), to receive, detain, take, and deliver up such person, according to the writ, order, or warrant.
Where the writ, order, or warrant is executed under the immediate direction of the Court or authority issuing it, the writ, order, or warrant shall be delivered to the constable, officer or other person acting thereunder, and a duplicate thereof shall be delivered to the commander or master of any ship in which the person to whom the writ, order, or warrant relates is embarked.
Where the writ, order, or warrant issues from the Supreme Court, and is executed by a Provincial Court, a copy thereof certified under the seal of the Supreme Court shall be...
CHINA ORDER IN COUNCIL.
Fugitive Offenders.
offenders
87
88. The Fugitive Offenders Act, 1881, and the Colonial Prisoners Fugitive Removal Act, 1884, shall apply to China as if that place were a British 44 & 45 Viet, possession and part of His Majesty's dominions;
Subject as follows:-
(a) His Majesty's Minister in China, is hereby substituted for the Governor or Government of a British possession; and
(b) The Supreme Court is hereby substituted for a Superior Court of a British possession.
(e) The Supreme Court and each Provincial Court is hereby sub- stituted for a Magistrate of any part of His Majesty's dominions.
(d) For the purposes of Part II of the said Act of 1881, and of this Article in relation thereto, China, Wei-hai-Wei, and Hongkong shall be. deemed to be one group of British possessions.
c. 69. 47 & 48 Vict,
c. 31,
*
**
Criminal Procedure.
of accused
123. Whenever under this Order any person is to be taken for trial Conveyance or imprisonment or by way of deportation or for any other purpose, persons. to the Supreme Court or elsewhere in China or to Hongkong, England, or elsewhere, the Court or other authority by this Order authorised to cause him to be so taken, may for that purpose (if necessary) cause him to be embarked on board one of His Majesty's ships of war, or if there is no such ship available, then on board any British or other fit ship, at any port or place whether within or beyond the particular jurisdiction or district of that Court or authority, and in order to such embarkment may (if necessary) cause him to be taken, in custody or otherwise, by land or by water, from any place to the port or place of embarkment.
The writ, order, or warrant of the Court, by virtue whereof any person is to be so taken, shall be sufficient authority to every constable, officer, or other person acting thereunder, and to the commander or master of any ship of war, or other ship (whether the constable, officer, or other person, or the ship or the commander or master thereof, is named therein or not), to receive, detain, take, and deliver up such person, according to the writ, order, or warrant.
Where the writ, order, or warrant is executed under the immediate direction of the Court or authority issuing it, the writ, order, or warrant shall be delivered to the constable, officer or other person acting there. under, and a duplicate thereof shall be delivered to the commander or master of any ship in which the person to whom the writ, order, or warrant relates is embarked.
Where the writ, order, or warrant issues from the Supreme Court, and is executed by a Provincial Court, a copy thereof certified under the
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