FOREIGN OFFENDERS DETENTION ORDINANCE, 1872

FOREIGN OFFENDERS DETENTION ORDINANCE, 1872

No. 1 of 1872.

An Ordinance for the temporary detention of certain
foreign offendes.
[20th December, 1872.]

WHEREAS subjects of foreign governments who have been accused
or convicted of crimes committed outside the Colony are frequently
brought within the Colony in the custody of officers of their
respective Governments in the course of their traansmision for
trial of punishment, and it is expedient to provide for the temporary
detention within the Colony of such offenders, pending the
necessary arrangements for their transmission:-

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

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

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


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 ofany 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 requistition has been made and
to require the magistrates to goven themselves accordingly
and to aid in apprehending the person so accused or
convicted and hereinafter referred to as the offender.

4. It shall be lawful for any magistrage thereupon to
issue his warant for the apprehension of the offender.

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 authorising 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 dicument of transmission
shall be sufficiently prove dif 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 gaol to await
the order of the Governor.

6. If the offender fails to show cause, to the satisfaction
of the magistrate, why he should not be committed, the
magistrate shall commit him to gaol, there to await the order
of the Governor.

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



























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

8.-(1) The Governor may, after the committal of thte
offender to gaol as aforesaid, issue an order directed to the
Superintendent of Prisions 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.

(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 peron accused of any felony committed within the
Colony may be retaken on an escape.

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.

10. If any action is brought against a magistrate, gaoler,
office of police, consular offficer, or any other person whom-
soever for anything done in obedience to or in pursuance of any
warrant or order issued under the provisions of this Ordi-
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,
with such variations and additions as circumstances may
require, amy 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.





















SCHEDULE.

FORM No. 1 [s.3]

GOVERNOR'S WARRANT TO MAGISTRATES.
The Foreign Offenders Detention Ordinance, 1872.

HONGKONG.
By His Excellency governor and Commander-in-
Chief of this Colony and its dependencies.
To Magistrates.
Wheeas requistition has been duly made to me, pursuant to the
above-mentioned Ordinance, for the apprehension and temporary deten-
tion in custody of one now in this Colony, charged
with [or convicted of] having committed the crime of
with the territory of

You are hereby required to govern yourselves acordingly, and to aid
in apprehending the said offender and in committing him to gaol for the
purpose of his being detained in custody according to the provisions of
the above-mentioned Ordinance; and for so doing this shall be your
warrant.

Given under my hand and the Public Seal of the Colony, at Victoria,
Hongkong, this day of 19 .
[L.S.]
Governor.

FORM No. 2
WARRANT OF APPREHENSION.
The Foreign Offeners Detention Ordinance, 1872.

HONGKONG TO WIT.
To all and each of the constables of the Hongkong Polic Force.
Whereas His Excellency Governor and
Commander-in-Chief of this Colony and it dependencies, by warrant
under his hand and the Public Seal of the Colony, has signified that,
pursuant to the above-mentioned Ordinance, requistition has been duly
made to him for the apprehension and temporary detention of one
now in this Colony, charged with [or convicted of] having
committed the crime of within the territory of
and has required the magistrates to govern
themselves accordingly and to aid in apprehending the said fugitive:
this is, therefore, to command you, in His Majesty's name, forthwith
to apprehend the said offender, pursuant to the above-mentioned Ordi-
nance, wherever he may be found in this Colony, and to bring him before
me or any other magistrate sitting in this court; and for so doing this
shall be your warrant.

Given unde my hand and seal, at the magistrates' court of this
Colony, this day of 19 .

(Signed.) Magistrate.
[L.S.]





































FORM No. 3. [s.6.]
WARRANT OF COMMITTAL.
The Foreign Offenders Detention Ordinance, 1872.
HONGKONG TO WIT.
To one of the constables of the Hongkong Police Force,
and to the Superintendent of Prisons.
Whereas on the day of 19 ,
late of was brought before me, one of the magistrates
of this Colony,under the provisions of the above-mentioned Ordinance;
and whereas the evidence which has been shown to me is, in my opinion,
sufficient to justify his committal to goal pursuant to section 6 of the
above-mentioned Ordinance:
This is, therefore, to command you, the said constable, in His
Majesty's name, forthwith to convey and deliver the body of the said
into the custody of the Superintendent of Prisons; and
you, the said Superintendent, to receive the said into
your custody in the Gaol and him there safely to deep until he shall be
thence delivered pursuant to the provisions of the above-mentioned
Ordinance; and for so doing this shall be your warrant.

given under my hand and seal, at the magistrates' court of this
Colony, this day of 19 .

(Signed.) Magistrate.
[L.S.]

FORM No. 4. [s.8.]
GOVERNOR'S ORDER OF DELIVERY.
The Foreign Offenders Detention Ordinance, 1872.
HONGKONG.
By His Excellency Governor and Commander-in-Chief
of this Colony and its dependencies.
To the Superintendent of Prisons.
Whereas on the day of 19 , one
was committed to gaol under the provisions of the above-mentioned
Ordinance; and whereas I have determined that the said
shall be delivered unto being the person
duly authorised by me to receive the said offender and to convey him
from this Colony:
You are hereby ordered to deliver the said unto
being the person so duly authorised by me as aforesaid,
at [hee insert place or time of delivery or any other directions].
Given under may hand and the Public Seal of the Colony, at Victoria,
Hongkong, this day of 19 .



(Signed.) Governor.
[L.S.]


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


FORM No. 5. [s.9.]

GOVERNOR'S ORDER OF RELEASE.

The Foreign Offendes Detention Ordinance, 1872.
HONCKONG,
By His Excellency Governor and Commander-
in-Chief of this Colony and its dependencies.
To the Superintendent of Prisons.
Whereas one is now in your custody under the
provisions of the, above-mentioned Ordinance ; and whereas it has been
determined that no order,shall be granted for the delivery of the said
offender.
You are herehy ordered to release the said from
custody under the above-mentioned Ordinance.
Given under my hand and the Public Seal of the Colony, at Victoria,
Hongkong, this day of 19 .

(Signed.) Governor.
[L.S.]

If the order of release is issued after the delivery of the offender,
this form must be varied according to the facts, and directed to the
person having, the custody of the offender.
[Originally No. 14 of 1872. Law Rev. Ord., 1924.] Short title. Governor's warrant to magistrates to apprehend foreign offender. Schedule. Form No. 1. Issue of warrant by magistrate. Schedule. Form No. 2. Proceedings before magistrate. Committal by magistrate. Schedule. Form No. 3. Report by magistrate. Order by Governor for delivery up of offender to consular officer. Schedule. Form No. 4. Power to Governor to issue order of release. Schedule Form No. 5. Protection to magistrate, etc., actin gunder the Ordinance. Forms. Schedule.

[Originally No. 14 of 1872. Law Rev. Ord., 1924.] Short title. Governor's warrant to magistrates to apprehend foreign offender. Schedule. Form No. 1. Issue of warrant by magistrate. Schedule. Form No. 2. Proceedings before magistrate. Committal by magistrate. Schedule. Form No. 3. Report by magistrate. Order by Governor for delivery up of offender to consular officer. Schedule. Form No. 4. Power to Governor to issue order of release. Schedule Form No. 5. Protection to magistrate, etc., actin gunder the Ordinance. Forms. Schedule.

https://oelawhk.lib.hku.hk/items/show/1089

1923

v1

No. 1 of 1872

6