1912_MERCHANT_SHIPPING_ACTS — Page 28

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COLONIAL PROVISIONS OF

C

Imprisonment in Colonies of persons sentenced by Naval Courts.

M. S. Act, 1906,—[6 Edw. VII. c. 48], s. 67,—

Power of Naval Court to send a person sen- tenced to imprison- ment home or to a Colony to undergo sentence.

97.-(1) The powers of a Naval Court under sec- tion 483 of the principal Act [the Act of 1894] (which deals with those powers) shall include a power to send an offender sentenced by the Court to impri- sonment either to the United Kingdom or to any British possession to which His Majesty by Order in Council has applied this section, as appears to them most convenient for the purpose of being imprisoned, and the Court may take the same steps, and for that purpose shall have the same powers, as respects the orders which may be given to masters of ships as a consular officer has for the purpose of sending au offender for trial under section 689 of the principal Act, and sub-sections (2), (4), and (5) of that section shall apply with the necessary modification.

(2) Any master of a ship to whose charge an offender is committed under this section shall, on his ship's arrival in the United Kingdom or in a British possession, as the case may be, give the offender into the custody of some police officer or constable, and the offender shall be dealt with as if he had been convicted and sentenced to imprisonment by a Court of competent jurisdiction in the United Kingdom or in the British possession, as the case may be.

*

(3) His Majesty may by Order in Council apply this section to any British possession the Legislature of which consents to that application.

*The section has not as yet been applied to Hongkong.