Sessional_Paper_1916 — Page 58

5.3

HONGKONG.

No. 18

AGREEMENT FOR REMOVAL OF PRISONERS UNDER SENTENCE FROM WEI-HAI-WEI TO HONGKONG.

Laid before the Legislative Council by Command of His Excellency the Governor, October 5th, 1916.

1918

Agreement made the 29th day of July, 1916, between His Excellency Sir FRANCIS HENRY MAY, K.C.M.G., Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies for and on behalf of the Government of the said Colony (hereinafter called the Governor) of the one part and His Honour Sir JAMES HALDANE STEWART LOCKHART, K.C.M.G., Commissioner of Wei-hai-wei for and on behalf of the Government of Wei-hai-wei (hereinafter called the Commissioner) of the other part Whereas by Sec- tion 4 of the Colonial Prisoners Removal Act 1869 it is provided (inter alia) that any two Colonies may with the sanction of an Order of Her Majesty-in-Council agree for the removal of any prisoners under sentence or order of transportation imprisonment or penal servitude from one of such colonies to the other for the purpose of undergoing in such colony the whole or any part of their punishment and for the return of such prisoners to the former colony at the expiration of their punishment or at such other period as may be agreed upon upon such terms and subject to such conditions as may seem good to such colonies And Whereas by an Order of His Majesty-in-Council of the 12th August 1915 the said Colonial Prisoners Removal Act 1869 was made to apply to Wei-hai-wei And Whereas it is desired by and between the parties hereto in pursuance of the powers vested in them respectively to make arrangements for the removal from time to time of prisoners from Wei-hai-wei to Hongkong.

Now it is hereby agreed by and between the said parties hereto as follows:-

1. Any prisoners at Wei-hai-wei under sentence or order of transportation, imprisonment or penal servitude may be removed from Wei-hai-wei to Hongkong for the purpose of their undergoing in Hongkong the whole or any part of their punishment: Provided that the Gaol accommodation at Hongkong is sufficient and not unduly taxed thereby.

2. The Governor shall have power if at any time the Gaol accommodation is deemed by him to be insufficient or is likely to be unduly taxed to decline. to accept any prisoner or prisoners in any particular instance.

3. At the expiration or sooner termination of the period of their punishment the said prisoners shall be returned to Wei-hai-wei by order under the hand of the Governor.

4. The whole of the expense of the prisoners removal to maintenance in and return from Hongkong shall be borne by the Government of Wei-hai-wei.

5. This Agreement shall receive and shall be deemed to be in force immediately

upon the sanction of an Order of His Majesty-in-Council.

SIGNED by His Excellency Sir FRANCIS

HENRY MAY, K.C.M.G., for and on F. H. MAY.

behalf of the Government of the

Colony of Hongkong in the presence

of

R. O. HUTCHISON.

SIGNED by the Commissioner His

Honour Sir JAMES HALDANE STEWART

Witness: F. KINCHIN SMITH.

LOCKHART, K.C.M.G., for and on J. H. STEWART LOCKHART. behalf of the Government of Wei-

hai-wei in the presence of

H. P. WILKINSON.

E. A. SLY.