1923_FOREIGN_OFFENDERS_DETENTION_ORDINANCE__1872 — Page 3

HK Historical Laws 香港歷史法例 All AI Reviewed

FOREIGN OFFENDERS DETENTION. No. 1 of 1872.

197

7. The magistrate before whom the offender is brought shall, at the conclusion of the case, send a report thereon to the Governor.

Report by magistrate.

8.-(1) The Governor may, after the committal of the offender to gaol as aforesaid, issue an order directed to the Superintendent of Prisons for the delivery up of the offender to the consular officer of the said foreign Government, or other person mentioned in such order, at such place within the Colony and in such manner as may be specified by the said order, for the purpose of his transmission as aforesaid; and the offender shall be delivered up accordingly.

Governor for order to consular officer.

(2) If the offender escapes out of any custody to which he has been committed or to which he has been delivered as aforesaid, it shall be lawful to retake him in the same manner as any person accused of any felony committed within the Colony may be retaken on an escape,

*

Schedule.

9. The Governor may at any time before the offender has been conveyed out of the Colony, issue an order for his release from custody under this Ordinance, and thereupon the offender shall be forthwith discharged from such custody.

Power to Governor to issue order of release.

Form No. 5.

10. If any action is brought against a magistrate, gaoler, officer of police, consular officer, or any other person whomsoever for anything done in obedience to or in pursuance of any warrant or order issued under the provisions of this Ordinance, the proof of such warrant or order shall be a sufficient answer to such action; and the defendant, on such proof as aforesaid, shall be entitled to a verdict or judgment in his favour, and shall also be entitled to his full costs of the action.

Protection to magistrate, etc., acting under the Ordinance.

11. The forms in the Schedule or forms to the like effect, with such variations and additions as circumstances may require, may be used for the purposes therein indicated, and instruments in those forms shall (as regards the form thereof) be valid and sufficient.

* As amended by Law Rev. Ord., 1923.

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FOREIGN OFFENDERS DETENTION. No. 1 of 1872. 197 7. The magistrate before whom the offender is brought shall, at the conclusion of the case, send a report thereon to the Governor. Report by magistrate. 8.-(1) The Governor may, after the committal of the offender to gaol as aforesaid, issue an order directed to the Superintendent of Prisons for the delivery up of the offender to the consular officer of the said foreign Government, or other person mentioned in such order, at such place within the Colony and in such manner as may be specified by the said order, for the purpose of his transmission as aforesaid; and the offender shall be delivered up accordingly. Governor for order to consular officer. (2) If the offender escapes out of any custody to which he has been committed or to which he has been delivered as aforesaid, it shall be lawful to retake him in the same manner as any person accused of any felony committed within the Colony may be retaken on an escape, * Schedule. 9. The Governor may at any time before the offender has been conveyed out of the Colony, issue an order for his release from custody under this Ordinance, and thereupon the offender shall be forthwith discharged from such custody. Power to Governor to issue order of release. Form No. 5. 10. If any action is brought against a magistrate, gaoler, officer of police, consular officer, or any other person whomsoever for anything done in obedience to or in pursuance of any warrant or order issued under the provisions of this Ordinance, the proof of such warrant or order shall be a sufficient answer to such action; and the defendant, on such proof as aforesaid, shall be entitled to a verdict or judgment in his favour, and shall also be entitled to his full costs of the action. Protection to magistrate, etc., acting under the Ordinance. 11. The forms in the Schedule or forms to the like effect, with such variations and additions as circumstances may require, may be used for the purposes therein indicated, and instruments in those forms shall (as regards the form thereof) be valid and sufficient. * As amended by Law Rev. Ord., 1923.
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FOREIGN OFFENDERS DETENTION. No. 1 of 1872. 197 7. The magistrate before whom the offender is brought Report by shall, at the conclusion of the case, send a report thereon to magistrate. the Governor. Governor for to consular 8-(1) The Governor may, after the committal of the Order by offender to gaol as aforesaid, issue an order directed to the delivery up Superintendent of Prisons for the delivery up of the offender of offender to the consular officer of the said foreign Government, or officer. other person mentioned in such order, at such place within the Colony and in such manner as may be specified by the Form No. 4. said order, for the purpose of his transmission as aforesaid; and the offender shall be delivered up accordingly. (2) If the offender escapes out of any custody to which he has been committed or to which he has been delivered as aforesaid, it shall be lawful to retake him in the same man- ner as any person accused of any felony committed within the Colony may be retaken on an escape, * Schedule. issue order 9. The Governor may at any time before the offender has Power to been conveyed out of the Colony, issue an order for his Governor to release from custody under this Ordinance, and thereupon of release. the offender shall be forthwith discharged from such Schedule. custody.. Form No. 5. magistrate, etc., acting 10. If any action is brought against a magistrate, gaoler, Protection to officer of police, consular officer, or any other person whom- soever for anything done in obedience to or in pursuance of any under the warrant or order issued under the provisions of this Ordi- Ordinance. nance, the proof of such warrant or order shall be a sufficient answer to such action; and the defendant, on such proof as aforesaid, shall be entitled to a verdict or judgment in his favour, and shall also be entitled to his full costs of the action. 11. The forms in the Schedule or forms to the like effect, Forms.. with such variations and additions as circumstances, may require, may be used for the purposes therein indicated, and Schedule. instruments in those forms shall (as regards the form thereof) be valid and sufficient. * As amended by Law Rev. Ord., 1923.
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FOREIGN OFFENDERS DETENTION. No. 1 of 1872.

197

7. The magistrate before whom the offender is brought Report by shall, at the conclusion of the case, send a report thereon to magistrate. the Governor.

Governor for

to consular

8-(1) The Governor may, after the committal of the Order by offender to gaol as aforesaid, issue an order directed to the delivery up Superintendent of Prisons for the delivery up of the offender of offender to the consular officer of the said foreign Government, or officer. other person mentioned in such order, at such place within the Colony and in such manner as may be specified by the Form No. 4. said order, for the purpose of his transmission as aforesaid; and the offender shall be delivered up accordingly.

(2) If the offender escapes out of any custody to which he has been committed or to which he has been delivered as aforesaid, it shall be lawful to retake him in the same man- ner as any person accused of any felony committed within the Colony may be retaken on an escape,

*

Schedule.

issue order

9. The Governor may at any time before the offender has Power to been conveyed out of the Colony, issue an order for his Governor to release from custody under this Ordinance, and thereupon of release. the offender shall be forthwith discharged from such Schedule. custody..

Form No. 5.

magistrate, etc., acting

10. If any action is brought against a magistrate, gaoler, Protection to officer of police, consular officer, or any other

person whom- soever for anything done in obedience to or in pursuance of any under the warrant or order issued under the provisions of this Ordi- Ordinance. nance, the proof of such warrant or order shall be a sufficient answer to such action; and the defendant, on such proof as aforesaid, shall be entitled to a verdict or judgment in his favour, and shall also be entitled to his full costs of the action.

11. The forms in the Schedule or forms to the like effect, Forms.. with such variations and additions as circumstances, may require, may be used for the purposes therein indicated, and Schedule. instruments in those forms shall (as regards the form thereof) be valid and sufficient.

* As amended by Law Rev. Ord., 1923.

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