1937_FOREIGN_OFFENDERS_DETENTION_ORDINANCE__1872 — Page 2

HK Historical Laws 香港歷史法例 All AI Reviewed

110

No. 1 of 1872. FOREIGN OFFENDERS DETENTION.

Short title.

Governor's warrant to magistrates to apprehend foreign offender.

1. This Ordinance may be cited as the Foreign Offenders Detention Ordinance, 1872.

[s. 2, rep. No. 62 of 1911.]

3. In case requisition is made to the Governor by the consular officer in this Colony of any foreign Government to apprehend and temporarily detain in custody any person who, being a subject of such foreign Government and having been accused or convicted of any crime alleged to have been committed outside the Colony, is brought in the custody of an officer of such Government within the Colony in the course of his transmission for trial or punishment, it shall be lawful for the Governor, if he, in his discretion, thinks fit, by warrant under his hand and the seal of the Colony, to signify that such requisition has been made and to require the magistrates to govern themselves accordingly and to aid in apprehending the person so accused or convicted and hereinafter referred to as the offender.

Schedule.

Form No. 1.

Issue of magistrate's warrant for the apprehension of the offender.

4. It shall be lawful for any magistrate thereupon to issue warrant by his warrant for the apprehension of the offender.

Schedule.

Form No. 2.

Proceedings before magistrate.

5. If the offender is apprehended, he shall be brought forthwith before the magistrate, and the following conditions shall be complied with:-

(1) the warrant or other official document authorizing the transmission of the offender for trial or punishment as aforesaid must be produced;

(2) proof of the identity of the offender must be given;

(3) the warrant or other official document of transmission shall be sufficiently proved if it purports to bear the signature and seal of a diplomatic or consular officer of the foreign Government of which such offender is a subject, and, for the purposes of this Ordinance, the warrant or other document so authenticated shall be deemed and taken to have been legally issued and shall be evidence of all facts stated therein; and

(4) the offender shall be asked if he has any valid cause to show why he should not be committed to prison to await the order of the Governor.

As amended by Law Rev. Ord., 1937.

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110 No. 1 of 1872. FOREIGN OFFENDERS DETENTION. Short title. Governor's warrant to magistrates to apprehend foreign offender. 1. This Ordinance may be cited as the Foreign Offenders Detention Ordinance, 1872. [s. 2, rep. No. 62 of 1911.] 3. In case requisition is made to the Governor by the consular officer in this Colony of any foreign Government to apprehend and temporarily detain in custody any person who, being a subject of such foreign Government and having been accused or convicted of any crime alleged to have been committed outside the Colony, is brought in the custody of an officer of such Government within the Colony in the course of his transmission for trial or punishment, it shall be lawful for the Governor, if he, in his discretion, thinks fit, by warrant under his hand and the seal of the Colony, to signify that such requisition has been made and to require the magistrates to govern themselves accordingly and to aid in apprehending the person so accused or convicted and hereinafter referred to as the offender. Schedule. Form No. 1. Issue of magistrate's warrant for the apprehension of the offender. 4. It shall be lawful for any magistrate thereupon to issue warrant by his warrant for the apprehension of the offender. Schedule. Form No. 2. Proceedings before magistrate. 5. If the offender is apprehended, he shall be brought forthwith before the magistrate, and the following conditions shall be complied with:- (1) the warrant or other official document authorizing the transmission of the offender for trial or punishment as aforesaid must be produced; (2) proof of the identity of the offender must be given; (3) the warrant or other official document of transmission shall be sufficiently proved if it purports to bear the signature and seal of a diplomatic or consular officer of the foreign Government of which such offender is a subject, and, for the purposes of this Ordinance, the warrant or other document so authenticated shall be deemed and taken to have been legally issued and shall be evidence of all facts stated therein; and (4) the offender shall be asked if he has any valid cause to show why he should not be committed to prison to await the order of the Governor. As amended by Law Rev. Ord., 1937.
Baseline (Original)
110 No. 1 of 1872. FOREIGN OFFENDERS DETENTION. Short title. Governor's warrant to magistrates to apprehend foreign offender. 1. This Ordinance may be cited as the Foreign Offenders Detention Ordinance, 1872. [s. 2, rep. No. 62 of 1911.] 3. In case requisition is made to the Governor by the consular officer in this Colony of any foreign Government to apprehend and temporarily detain in custody any person who, being a subject of such foreign Government and having been accused or convicted of any crime alleged to have been com- mitted outside the Colony, is brought in the custody of an officer of such Government within the Colony in the course of his transmission for trial or punishment, it shall be lawful for the Governor, if he, in his discretion, thinks fit, by warrant under his hand and the seal of the Colony, to signify that such Form No. 1. requisition has been made and to require the magistrates to govern themselves accordingly and to aid in apprehending the person sq accused or convicted and hereinafter referred to as the offender. Schedule. Issue of 4. It shall be lawful for any magistrate thereupon to issue warrant by his warrant for the apprehension of the offender. magistrate. Schedule. Form No. 2. Proceedings before magistrate. 5. If the offender is apprehended, he shall be brought forthwith before the magistrate, and the following conditions shall be complied with:- (1) the warrant or other official document authorizing the transmission of the offender for trial or punishment as aforesaid must be produced; (2) proof of the identity of the offender must be given; (3) the warrant or other official document of transmission shall be sufficiently proved if it purports to bear the signature and seal of a diplomatic or consular officer of the foreign Government of which such offender is a subject, and, for the purposes of this Ordinance, the warrant or other document so authenticated shall be deemed and taken to have been legally issued and shall be evidence of all facts stated therein; and (4) the offender shall be asked if he has any valid cause to show why he should not be committed to prison to await the order of the Governor. As amended by Law Rev. Ord., 1937.
2026-05-03 14:34:41 · Baseline
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110

No. 1 of 1872. FOREIGN OFFENDERS DETENTION.

Short title.

Governor's

warrant to magistrates to apprehend foreign offender.

1. This Ordinance may be cited as the Foreign Offenders Detention Ordinance, 1872.

[s. 2, rep. No. 62 of 1911.]

3. In case requisition is made to the Governor by the consular officer in this Colony of any foreign Government to apprehend and temporarily detain in custody any person who, being a subject of such foreign Government and having been accused or convicted of any crime alleged to have been com- mitted outside the Colony, is brought in the custody of an officer of such Government within the Colony in the course of his transmission for trial or punishment, it shall be lawful for the Governor, if he, in his discretion, thinks fit, by warrant under his hand and the seal of the Colony, to signify that such Form No. 1. requisition has been made and to require the magistrates to govern themselves accordingly and to aid in apprehending the person sq accused or convicted and hereinafter referred to as the offender.

Schedule.

Issue of

4. It shall be lawful for any magistrate thereupon to issue warrant by his warrant for the apprehension of the offender.

magistrate.

Schedule.

Form No. 2.

Proceedings

before magistrate.

5. If the offender is apprehended, he shall be brought forthwith before the magistrate, and the following conditions shall be complied with:-

(1) the warrant or other official document authorizing the transmission of the offender for trial or punishment as aforesaid must be produced;

(2) proof of the identity of the offender must be given;

(3) the warrant or other official document of transmission shall be sufficiently proved if it purports to bear the signature and seal of a diplomatic or consular officer of the foreign Government of which such offender is a subject, and, for the purposes of this Ordinance, the warrant or other document so authenticated shall be deemed and taken to have been legally issued and shall be evidence of all facts stated therein; and

(4) the offender shall be asked if he has any valid cause to show why he should not be committed to prison to await the order of the Governor.

As amended by Law Rev. Ord., 1937.

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