FOREIGN OFFENDERS DETENTION ORDINANCE

FOREIGN OFFENDERS DETENTION ORDINANCE

CHAPTER 237.

FOREIGN OFFENDERS DETENTION.

For the temporary detention 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 of their respective Governments in the
course of their transmission for trial or punishment, and
it is expedient 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 Offen-
ders Detention Ordinance.

2. 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. [3

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

4. If the offender is apprehended, he shall be brought
forthwith before the magistrate, and the following conditions
shall be complied with-
(a)the warrant or other official document authorizing
the transmission of the offender for trial or punish-
ment as aforesaid must be produced;
(b) proof of the identity of the offender must be given;






(c)the warrant or other official document of transmis-
sion 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
(d) 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. [5

5. 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. [6

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

7. (1) The Governor may, after the committal of the
offender to prison as aforesaid, issue an order directed to the
Commissioner 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
he has been committed or to which he has been dehivered as
aforesaid, it shall be lawful to retake him in the same manner
as any person accused of any felony committed within the
Colony may be retaken on an escape. [8

8. 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.
[9





9.If any action is brought against a magistrate, gaoler,
police officer, consular officer, 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
Ordinance, the procT of such warrant or order shall be a
sufficient answer to such action; and the defendant, on sucli
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. [10

10. 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)
be valid and sufficient. [11

SCHEDULE. [s. 10.]

FORM 1. [s. 2.]
GOVERNOR'S WARRANT TO MAGISTRATES.
The Foreign Offenders Detention Ordinance.
(Chapter 237 of the Revised Edition of Ordinances)
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
abovementioned Ordinance, for the apprehension and temporary
detention in custgdy 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 oTender and in committing him to prison
for the purpose of his being detained in custody according to the
provisions of the abovementioned Ordinance, and for so doing this
shall be your warrant.
Given under my hand and the Public Seal of the Colony, at
Victoria, Hong Kong, this day of 19

(Signed) Governor.
[L.S.]





FORM 2.

WARRANT OF APPREHENSION.
The Foreign Offenders Detention Ordinance.
(Chapter 237 of the Revised Edition of Ordinances)
HONG KONG TO WIT.
To all and each of the police officers 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 Colony, charged with [or convicted of]
having committed the crime of within the territory
ofand 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 0 apprehend the said ofTender, 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 19

(Signed) Magistrate.

FORM 3. [s. 5.]
WARRANT OF COMMITTAL.
The Foreign Offenders Detention Ordinance.
(Chapter 237 of the Revised Edition of Ordinances)
HONG KONG TO WIT.
To one of the police officers of the Hong Kong
Police Force, and the Commissioner of Prisons.
Whereas on the day of ' 19
late ofwas 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 prison pursuant to
section 6 of the abovementioned 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 Commissioner of Prisons; and
you, the said Commissioner, 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 19

(Signed) Magistrate.
[L.S.]





FORM 4. [s. 7.]

GOVERNOR'S ORDER OF DELIVERY.

The Foreign Offenders Detention Ordinance.
Chapter 237 of the Revised Edition of Ordinances)

HONG KONG.

By His Excellency governor and Commander-
in-Chief of this Colony and its depende~cies.
To the Commissioner of Prisons.
Whereas on the day of 19 one
was committed to prison under the provisions of the abovementioned
Ordinance; and whereas I 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 me 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, Hong Kong, this day of ' 19

(Signed) Governor.
[L.S.]

FORM 5. [s. 8.]

GOVERNOR'S ORDER OF RELEASE.

The Foreign Offienders Detention Ordinance.
(Chapter 237 of the Revised Edition of Ordinances)

HONG KONG.

By His Excellency Governor and Commander-
in-Chief of this Colony and its dependencies.
To the Commissioner of Prisons.
Whereas one is now in your custody under the
provisions of the abovementioned 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
custody under the abovementioned Ordinance.
Given under my hand and the Public Seal of the Colony, at
Victoria, Hong Kong, 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 14 of 1872. Fraser 1 of 1872. Short title. Governor's warrant to magistrates to apprehend foreign offender. Schedule. Form 1. Issue of warrant. Schedule. Form 2. Proceedings before magistrate. Committal by magistrate. Schedule. Form 3. Report by magistrate. Order by Governor for delivery up of offender to consular officer. Schedule. Form 4. Power to Governor to issue order of release. Schedule. Form 5. Protection to magistrate, etc., acting under the Ordinance. Forms. Schedule. [Sch. Cont.]

Originally 14 of 1872. Fraser 1 of 1872. Short title. Governor's warrant to magistrates to apprehend foreign offender. Schedule. Form 1. Issue of warrant. Schedule. Form 2. Proceedings before magistrate. Committal by magistrate. Schedule. Form 3. Report by magistrate. Order by Governor for delivery up of offender to consular officer. Schedule. Form 4. Power to Governor to issue order of release. Schedule. Form 5. Protection to magistrate, etc., acting under the Ordinance. Forms. Schedule. [Sch. Cont.]

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