FOREIGN OFFENDERS DETENTION ORDINANCE, 1872

FOREIGN OFFENDERS DETENTION ORDINANCE, 1872

No. 1 of 1872.
An Ordinance for the temporary detemion of certain foreign
offenders.
[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 oi their respective Governments in the
course of their transmission for trial or punishment, and
it is expeditnt to provide for the temporary detention
within the Colony of such offenders, pending the neces-
sary arrangements for their transmission:-





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
requisition has been made and to require the magistrates to
govern themselves accordingly and to aid in apprehending the
person so accused or convictA and hereinafter referred to as the
offender.

4. It shall be lawful for any magistrate thereupon to issue
his warrant 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 :-

(i) 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 skich offender is a subject, and, for the
purposes of this Ordinance, the warrant or other document 50
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 ask-ed if lie has any valid cause to
show why. he should not be committed to prison to await the order
A the Governor.

As amended by Law Rev. Ord., 1937





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 prison, there to await the order
of the Governor.

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

8.-(1) Tlie Governor mav, after the committal of the
offender to prison 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.

(2) If the offender escapes Out of any custody to which lie
lias been committed or to -which he has been delivered as afore-
said, it shall be lawful to retake hinn in the same manner as ans
person accused of any, felony committed within the Colony may
be retaken on an escape.

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

10. If any action is brought against a magistrate, gaoler,
officer of police, consular officer, or any other person whom-
soever for anything don
-c in obedience to or in pursuance of
any v.-arrant or order issued tinder the provisions of this
Ordinance, the proof of such ivarrant or order shall be a
.SUfficieni 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 Mso 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. may be used for the purposes therein indicated, and
instruments in those forms shall (as regards the form thereof)
he valid and sufficient.

A
x5 amended hy Law Rev. Ord., 1937.





SCHEDULE. 18.11.1
FoRm No. 1. 3.]
GOVERNOR'S WARRAINT TO MAGISTRATES.
The Fomign Ofienders Detention Ordinance, 1872.
HONG KONG.
By His Excellency Governor and Commander-
in-Chief of this Colony and its dependencies.
To Magistrates.
Whereas requisition has been duly made to me pursuant to the
above-meniioned Ordinance, for the apprehension and temporary
detention in.custody of onenow in this Colony, charged
with [or convicted of] having committed the crime of
within the territory of
You are hereby required to govern yourselves accordingly, and to
aid in apprehending the said offender and in committing him to prison
for the purpose of his being detained in custody according to the
provisions of the abGve-meixtioned Ordinanee~ and for so doing this
shall be your warrant.
Given under my band and the Public Seal of the Colony, at
Victoria, Hon, Kong, this day of 1 19
(Signed) Governor.

FORM No. 2. rs. 4.1
WARRANT OF APPREHENSION.
The Foreign Ofienders Detention Ordinance, 1872.
HONG KONG TO WIT.
To all and each of the constables of the Hong Kong Police Force.
Whereas His Excellency Governor and
Commander-in -Chief of this Colony and its dependencies, by warrant
under his hand and the Public Seal of the Colony has signified that,
pursuant to the above-mentioned Ordinance, requisition has been duly
made to him for the apprehension and temporary detention of one
now in this Colonv charced 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 Ordinance, 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 under my hand and seal, at the magistrates' court, of this
Colony, this day of 1
(Signed) Magistrate.

As amended by Law Rev. Ord., 1937.





FORM No. 3. 6.]
WARRANT OF COMMITTAL.
The Foreign Offenders Detention Ordinance, 1872.
HONG KONG TO WIT.
To one of the constables of the Hong Kong PAce Force,
and to the Superintendent of Prisons.
Whereas on the day of 1q
late of was brought before me, one of the magi*strates
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 prison 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 a prison and him there safely to keep 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 1 19
(Signed) Magistrate.
[L.S.1

FORM No. 4. 8.1
GovERNOR'S ORDER OF DELIVERY.
The Foreign Offenders Detention Ordinance, 1872.
HONG KONG.
By Eis 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 prison under the provisions of the above-mentioned
Ordinance; and whereas 1 have determined that the said
shall be delivered unto being the person
duly authorized 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 authorized by ine as aforesaid,
at [here, insert place or time of delivery or any other directions].
Given under my hand and the Public Seal of the Colony, at
Victoria, llong Hong, this day of 1 19
(Signed) Governor.
[L.S.1 -
As amended by Law Rev. Ord., 1937.
From No.5. [s. 9.]
GOVERNOR'S ORDER OF RELEASE.
The Foreign Offenders Detention Ordiwince, 1872.
HONG KONG.
By His Eycelleney 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 hereby ordered to release the said from
custodv under the above-mentioned Ordinance.
Given tinder my hand and the Public Seal of the Colony, at
Victoria, Hong Kong, this day of

(Signed) Governor.

If the order of release is issued after the delivery of the offender, this
form must he varied according to the facts, and directed to the person having
the custody of the offender.
[Originally No. 14 of 1872. Law Rev. Ord. 1937.] 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., acting under the Ordinance. Forms. Schedule.

[Originally No. 14 of 1872. Law Rev. Ord. 1937.] 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., acting under the Ordinance. Forms. Schedule.

https://oelawhk.lib.hku.hk/items/show/1397

1937

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No. 1 of 1872

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