CHINA (AMENDMENT) ORDER IN COUNCIL

CHINA (AMENDMENT) ORDER IN COUNCIL

3.-ORINA (AMENDMENT) ORDER IN COUNOIL.

At the Court at St. James's, the 2nd day of August, 1910.
PRESENT :
The King's Most Excellent Majesty.

Wiir,.REAs by treaty grant, UsauC, sufferance, or Offic- lawful IneallS,

His Majesty the King has jurisdiction within the dominions of the
Emperor of China :--
Now, THEREFORF, His Majesty, by virtue and in exercise of the powers
in this behalf by the Foreign jurisciiction Act, 1890, or otherwise in His
Majesty vested, is pleased, by and with the ads-ice of His Privy Council,
to order, and it is hereby ordered, as follows :-
1. This Order may be cited as ' The China (Amendment) Order in
Council, 1910 ', and shall be read as one with the China, Order in
Council, 1904, hercinafter referred to as the ' Principal Order '.and the
Principal Order, the China (Amendment) Order in Council, 1907, the
China (Amendment) Order in Council, 1909, and this Order may be
cited together as ' The China Orders in Council, 1904 to 1910
2.-(1) Where a British subject is sentenced to imprisonment for a
term 6f not less than 6 months, the Court may, as part of the sentence
order that he be deported.
(2) Article 83, sub-articles 4 to 11, of the Principal Order and Article
6 of the China (Amendment) Order in Council, 1907, shall apply to
deportations under this-Article.
3. Where a person not belon ging to Hongkong is sentenced to imprison-
ment and deportation under Article 2, and is sent for imprisonment to
Hongkong, the Govewor of Hongkong shall, if lawfully empowered
thereto, deport such person to the place to which he was ordered by the
Court to be deported ; and if not so empowered, the Governor shall
cause such person to be sent back to Shanghai.
4.-(1) Where a warrant is issued by the Minister to the person for
the titne being in command of a police force in any foreign concession or
settlement in China, as provided in Article 3, sub-article 3,* of the China
(Amendment) Order in Council, 1909, the jurisdiction authorised b ' y the
said warrant shall he exercised in conformity with, and shall be subject
to, such rules as the Judge of the Supreme Court, with the approval of
the Secretary of State, may make, and pending the issue of such rules,
such of the- China Rules of Court, 1905, as theJudge may direct.

The references in this Order to Corea are omitted,





(2) A monthly return of all summary punishments inflicted by the
person holding such warrant shall be sent to the Judge of the Supreme
Court.

5.-(1) A warrant issued by the Minister under Article 3, sub-article
3 of the China (Amendment) Order in Council, 1909, to the person for
the time being in command of a police force in any foreign concession or
settlement in China may empower such person while in command of the
force to inflict summary punishment upon members of the force by
detention for a period not exceeding 1.5 days in such place as may be
provided as a detention barrack by the authority by whom the force is
paid.
(2) Any warrant or King'a Regulation issued under Article 3 of the
China (Amendment) Order in Council, 1009, in force at the date of this
Order, authorising a sentence of imprisonment shall be de-enled to au-
thorise a sentence either of imprisoment or of detention.
(3) For 'the purposes of this Article, 'detention' and 'detention
barrack ' shall have the same nicanim, as in the Ariny Act,
53 & 54 Vict. C 37. *[This Article contains no reference to Hongkong.] *[This Article contains no reference to Hongkong.]

53 & 54 Vict. C 37. *[This Article contains no reference to Hongkong.] *[This Article contains no reference to Hongkong.]

https://oelawhk.lib.hku.hk/items/show/1033

1912

v3

2