WEI-HAI-WEI ORDER IN COUNCIL.
(1) The High Court is hereby substituted for a Superior Court, and for a Magistrate of a British possession;
(c) For the purposes of the said Act of 1881, and of this Article in relation thereto, the said territories and Hongkong shall be deemed to be one group of British possessions.
death
41.—(1) In cases of murder or manslaughter if either the death, or the criminal act which wholly or partly caused the death, happened or is happening within the said territories, the High Court shall have the like jurisdiction abroad over any person who is charged either as the principal offender, or as accessory before the fact to murder, or as accessory after the fact to murder or manslaughter, as if both the criminal act and the death had happened within that jurisdiction.
high seas.
69
(2) In the case of any offence committed on the high seas, or within the Admiralty jurisdiction, by any person on board a British ship, or by any British subject on board a foreign ship to which he did not belong, the High Court shall, subject to the provisions of this Order, have jurisdiction as if the offence had been committed within the said territories. In cases tried under this Article no different sentence can be passed from the sentence which could be passed in England if the offence were tried there.
(3) The foregoing provisions of this Article shall be deemed to be adaptations, for the purposes of this Order and of "The Foreign Jurisdiction Act, 1890,"* of the following enactments, that is to say:---
"The Admiralty Offences (Colonial) Act, 1849.Ӡ "The Admiralty Offences (Colonial) Act, 1860." "The Merchant Shipping Act, 1894, section 686.Ӥ
* 53 & 54 Vict c 37. † 12 & 13 Vict. c 96. ‡ 23 & 24 Vict. c. 122. § 57 & 58 Vict. c. 60.
over offences
coast
42. When a British subject, being within the said territories, is accused of having committed any offence on board a British or Chinese ship at a distance of not more than 100 miles from the coast of China, or 100 miles on board a ship not lawfully entitled to claim the protection of the flag from the coast of any State at such a distance as aforesaid, he may be apprehended, charged, and tried, in like manner as if the offence had been committed within the said territories.
The High Court, on receiving satisfactory information that any soldier, sailor, marine, or other person belonging to any of His Majesty's naval or military forces has deserted therefrom, and has concealed himself in any British ship at such distance as aforesaid, may issue a warrant for the search for and apprehension of such deserter, and, on being satisfied on investigation that any person so apprehended is such a deserter, shall cause him to be, with all convenient speed, taken and delivered over to the officer in command of a vessel of war of His Majesty, or to the nearest military station of His Majesty's forces.
WEI-HAI-WEI ORDER IN COUNCIL.
(1) The High Court is hereby substituted for a Superior Court,
and for a Magistrate of a British possession ;
(c) For the purposes of the said Act of 1881, and of this Article in relation thereto, the said territories and Hongkong shall be deemed to be one group of British possessions.
death
41.—(1) In cases of murder or manslaughter if either the death, or Cause of the criminal act which wholly or partly caused the death, happened happening within the said territories, the High Court shall have the like jurisdiction abroad. over any person who is charged either as the principal offender, or as accessory before the fact to murder, or as accessory after the fact to murder or manslaughter, as if both the criminal act and the death had happened within that jurisdiction.
high seas.
69
(2) In the case of any offence committed on the high seas, or within Offences on the Admiralty jurisdiction, by any person on board a British ship, or by any British subject on board a foreign ship to which he did not belong, the High Court shall, subject to the provisions of this Order, have juris- diction as if the offence had been committed within the said territories. In cases tried under this Article no different sentence can be passed from the sentence which could be passed in England if the offence were tried there.
(3) The foregoing provisions of this Article shall be deemed to be Adaptation of English adaptations, for the purposes of this Order and of "The Foreign Juris- Acts. diction Act, 1890,"* of the following enactments, that is so say:---
"The Admiralty Offences (Colonial) Act, 1849.Ӡ "The Admiralty Offences (Colonial) Act, 1860." "The Merchant Shipping Act, 1894, section 686.Ӥ
* 53 & 54 Viet c 37. † 12 & 13 Vict. c 96. † 23 & 24 Vict. c. 122. $ 57 & 58 Vict. c. 60.
over offences
coast
42. When a British subject, being within the said territories, is accused of having committed any offence on board a British or Chinese Jurisdiction ship at a distance of not more than 100 miles from the coast of China, or 100 miles on board a ship not lawfully entitled to claim the protection of the flag from coas of any State at such a distance as aforesaid, he may be apprehended, charged, and tried, in like manuer as if the offence had been committed within the said territories.
The High Court, on receiving satisfactory information that any soldier, sailor, marine, or other person belonging to any of His Majesty's naval or military forces has deserted therefrom, and has concealed him- self in any British ship at such distance as aforesaid, may issue a warrant for the search for and apprehension of such deserter, and, on being satisfied on investigation that any person so apprehended is such a deserter, shall cause him to be, with all convenient speed, taken and delivered over to the officer in command of a vessel of war of His Majesty, or to the nearest military station of His Majesty's forces.
No comments yet.
Private notes are available after approval.