FOREIGN OFFENDERS DETENTION ORDINANCE, 1872
Title
FOREIGN OFFENDERS DETENTION ORDINANCE, 1872
Description
Detention of Foreign Offenders.
No. 14 of 1872.
An Ordinance for the temporary Detention of certain Foreign
Offenders.
[20th December, 1872.]
WHEREAS subjects of Foreign Governments resorting to China and rmamum.
Japan wsvho lave `been accused or convicted of crimes committed
there, are frequently brought within: this Colony in the course of their
trantmission to their respective countries for trial or punishment on such
charges or convictions and it is expedient `to provide for the temporary
ORDINANCE No. 14 0F.1872.
Detention of Foreign Offenders.
detention and custody, within the Colony, of such offenders pending the
necessary arrangements for their transmission as aforesaid : Be it enacted
by the Governor of Hongkong; with the advice of the Legislative Council
thereof, as follows :-
Short title. . 1. This Ordinance may be cited as 'The Foreign Offenders
Detention
c
2. In the interpretation of this Ordinance, the term 'Consula
Interpreta-
tion °` Con-
sular.Officer.'
'1 Super-
intendent of
upon ieqni-
Fition lie
Governor lxzay-
issu0 warrgnt
to Police
,Magist%t:es,-
Ordinance, 1872.
Officer' includes a Consul General, Consul,, Vioe-Consul, Consular Agent,
and any person for the time being discharging the duties of Consul
Generals
Consul, Vice-Consul, or Consular Agent.
The term'' superintendent of the Gaol' includes the Superintendent
of Victoria Gaol or the keeper of any prison or place of custody for
criminals within this Colony.
3. In case requisition shall at any time be made to the Governor b3
the Consular Officer in this Colony of any Foreign Government to,
apprebend, and temporarily, detain in custody any, person, who being .,a
-
subject of such' f oregn Government, and having been accused or convicted
'
of any crime alleged to have' been committed in China or Japan is brought
within this Colony in the course of his transmission to his own country`
for trial or punishment, it shall be lawful for the Governor, if he shall
in:
his discretion think fit, by warrant under his hand and the seal of the
Colony to signify that such requisition has been made and to require the-
Police Magistrates to govern themselves accordingly and to aid in::
ayebendiiag the person so ac cused or convicted and hereinafter referred
pp
to as the offender.
warrant or. . 4. Upon the issue of such warrant as aforesaid, it shall be
lawful
order of ._.
Magistrate.%: for any Police Magistrate to issue his warrant for the
apprehension of the
offender to be dealt with in manner hereinafter provided.
Proceedings
before the
Magistrate.
Production of
warrant of -
tianemission.
Proof of
identity.
~, If the offender be apprehended, he shall be brought forthwith.:
before the Magistrate, and the following conditions and regulations shall:
be complied with :_
1. There must be the production before the Magistrate of the
warrant or other official document authorizing the t,rans-
missioti of the offender for.. trial or punishment as aforesaid ;:
2. In every case, proof of the identity of the offender mint be
given to the satisfaction of the Magistrate;
ORDINANCE No. 14 of 1872.
Detention of Foreign Offenders.
3. The warrant or other official document of transmission shall
be sufficiently proved if it purport to bear the signature
and seal of a Diplomatic or Consular Officer in China or
Japan, 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 ;
4. The offender shall be asked if he has any valid cause to show offender
may
why he should not be committed to gaol to await the order show cause.
of the Governor.
Autlientica=
Lion of
warrant of
transmission. -
6. If the offender shall fail to show cause to the satisfaction of the
committal by
Magistrate why be should not be.committed, tile Magistrate shall commit
Alas'i5trat°.
him to gaol there to await the order of the Governor.
'j. The Magistrate before whom the offender shall be brought under
Magistrate
to report to
this Ordinance shall, at the conclusion of the case, send a report
thereon Governor.
to -the Governor. .
$. The Governor may,, after the committal of the offender'to gaol
aforesaid, issue an order directed to the Superintendent of the Gaol for
the
delivery up of the offender to the Consular Officer of the said foreign
Government, or other person xnentioned.,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 a,s aforesaid; and the offender shall be
delivered up accordingly; and if be shall escape out of any custody to
which he shall be committed, or to which he shall be delivered as
aforesaid,
it shall be lawful to retake him in the same manner as any person accused
.of guy felony committed within the Colony may be retaken on an escape.
g. The Governor may at anytime before the offender shall have been The
aorer,cor
may
conveyed out of the Colony, issue an order for his release from custod
issue
y order of
under this Ordinance, and thereupon the offender shall be forthwith
release.
discharged from such custody.
10. If any action be brought against a Magistrate, gaoler, officer
of Police, Co>wular: officer, of any .other person whomsoever for,anything
done in obedience to, or in pursuance of any warrant or order issued under
the provisions of this Ordinance, the proof of such warrant or order shall
ex overnormky .,
order aeuv®r~:
up at the-
,oftendei-£o A
! = .
Consular
Officer or
other person.
r,Stoat' of
offender after
delivery to
Consular
Officer, fio. ..
Protection to
Magistrate,
gaoler, &e.,
acting under
Ordinance. ,
ORDINANCE No. 14 of 1.72.
D, etention of Foreign Offenders.'
be a sufficient answer to such action; and the defendant, on such proof
a,&
aforesaid, shall be entitled to a verdict or j udgment in his favor, and
shall
also be entitled to his full costs of suit.
11. The forms given in the schedule to this Ordinance, or forms to,
;hedule may
o used. the like effect, with such variations and additions as
circumstances require,
may be used for the purposes therein indicated, and instruments in those
forms shall (as regards the form thereof) be valid and sufficient.
SCHEDULE. -
FORMS.
8y His Excellency
(GOVERNOR'S WARRANT TO MACiI$TRATE~$.)
The .Foreign Dfenders Detention Ordinance, 1872.
Governor
and Commander-in-Chief-of this Colony and its dependencies.
To :. Police Magistrates.
Whereas requisition has be'eri duly made to me pursuant to the above
Ordinance
for the apprehension aud'temporary detention in custody of one
now in dais Colony
chaiged 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
appre-
hending the said offender and in committing him to gaol for the purpose
of his beina_
detained in custody according to the provisions of this Ordinance; and
for so doing,
this shall be your warrant.
Given under my hand and the public-seal of the Colony, at Victoria,
Hongkong,.
8y Order,
this day of
Colonial Secretaa~y.
(WARIUNT OF APPREHENSION.)
The .foreign 0fenders Detention Ordinance, 1812.
Governor, &c.
Hongkong
To all and,each of the constables of the Hongkong Police Force.
to wit.
Whereas His E%celleucy - ` Governor
auk:; Commander-in-Chief of this Colony and its dependencies, by warrant
under his.
ORDINANCE No: 14` ejip1.°,972.
Detention of Foreign n -G1ffmders.
hand and seal has signified that pursuant to the above Ordinance,
requisition has been
duly made to him for the apprehension and temporary detention of one
now in this Colony charged with [or convicted ofl having committed the
crime of
within the territory of _ and has required the
Police Magistrates to govern themselves accordingly and to aid in
apprehending the
said fugitive
This is therefore to command=you in Her Majesty's nameforthwith to
apprehend
the said offender pursuant to th.e said Ordinance wherever he may. be
found in this
Colony, and bring him before one or any other Police Magistrate sitting
in this Court'
for which this shall be your warrant.
Given under my hand and seal, at the Magistrates' Court of this Colony,
this
in the year of our Lord, 18
L.S.
Police Magistrate.
(WARRANT OH' COMMITTAL.)
The .Foreign 0jendera Detention Ordinance, 1872.
Hongkong ~ To one of .the na'ustabies
to wit. of the Hongkong Police Force, and to the Superintendent~of
Victoria, (:gaol:
Whereas on the
late of
in the year of our Lord, 18
was brought before me '
one of the Police Magistrates of this Colony, under the provisions of the
Foreign
Offenders Detention Ordinance, 1872.
And whereas the evidence which has been ahewn to me
is in my opinion sufficient to justify his committal to gaol
pursuant to section 6 of the above Ordinance. ~ .
This is therefore to command you the said constable in Her Majesty's.name
forth-
with to convey and deliver the body of the said - p
into the custody of the said Superintendent of Pietoria Gaol; And you the
said Super-
intendent to receive the said into your custody in the said
gaol and him there safely. to keep until lie shall be thence delivered
pursuant to the
provisions of the said, Ordinance; for which this shall be: your warrant.
Given under my hand and seal at Hongkong, this '
of.
in the year of our Lord, 18
gay
Police Mrrgietxate.
ORDINANCE No. 14 of 1$72.
Detention of Foreign Offenders.
4,.
(GovERNoR'$ ORDER OF DELIVERY.
The .Foreign Offenders Detention Ordinance, 1872.
By His Excellency Governor
and Commander-in-Chief of this Colony and its- dependencies.
To the Superintendent of Victoria Gaol
Whereas on the day of 18 _,.one .
was committed.to gaol
tnder the provisions of the above Ordinance; And whereas I have
determined that
shall be delivered unto
being the person duly authorized by me so
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 m© as,
aforesaid at [here insert place or time of delivery or any other
directione.]
Given under my hand and the public seal of the Colony, at Victoria,
Hongk9ng,;:
this
By Order;
Colonial Secretary.
~e said
(GOVERNOR'S ORDER OF RELEASE.)*
The Foreign Offenders Detention Ordinance, 182.
By His Excellency
and Commander-in-Chief of this Colony and its dependencies. `
To the -Superintendent of Victoria Gaol. -
Whereas one is now in your custody. under the provisions:
bf the above Ordinanpe; And whereas it has been determined that no order
shall-`beg
granted for the delivery of the said offender; You are hereby ordered to
release the
said from custody under the said'Ordinanee.
Given under my hand and the public seal of the Colony, at Victoria,
Hongliong,:
this day of 18
By Order, L.S.
Governor, X-c.
Governor,
Colonial, Secretary.
Governor, cue.
' If the order of release be issued after the delivery of the offender,
this form must be varied accord-
ing 'to the facts, and directed to the person having the custody, of the
offender.
1147
Title.
Preamble.
1148
Short title.
Interpretation 'Consualr Officer.'
'Superintendent of Goal.'
Upon requisition the Governor may issue warrant to Police Magistrates.
Warrant or oder of Magistrate.
Proceedings before the Magistrate.
Production of warrant of transmision.
Proof of identity.
1149
Authentication of warrant of transmission.
Offender may show cause.
Committal by Magistrate.
Magistrate to report to Governor.
Governor may order delivery up of the offender to a Consular Officer or other person.
Custody of offender after delivery to Consular Officer, &c.
The Governor may issue order of release.
Protection to Magistrate, gaoler, &c., acting under Ordinance.
1150
Forns in schedule may be used.
1151
1152
No. 14 of 1872.
An Ordinance for the temporary Detention of certain Foreign
Offenders.
[20th December, 1872.]
WHEREAS subjects of Foreign Governments resorting to China and rmamum.
Japan wsvho lave `been accused or convicted of crimes committed
there, are frequently brought within: this Colony in the course of their
trantmission to their respective countries for trial or punishment on such
charges or convictions and it is expedient `to provide for the temporary
ORDINANCE No. 14 0F.1872.
Detention of Foreign Offenders.
detention and custody, within the Colony, of such offenders pending the
necessary arrangements for their transmission as aforesaid : Be it enacted
by the Governor of Hongkong; with the advice of the Legislative Council
thereof, as follows :-
Short title. . 1. This Ordinance may be cited as 'The Foreign Offenders
Detention
c
2. In the interpretation of this Ordinance, the term 'Consula
Interpreta-
tion °` Con-
sular.Officer.'
'1 Super-
intendent of
upon ieqni-
Fition lie
Governor lxzay-
issu0 warrgnt
to Police
,Magist%t:es,-
Ordinance, 1872.
Officer' includes a Consul General, Consul,, Vioe-Consul, Consular Agent,
and any person for the time being discharging the duties of Consul
Generals
Consul, Vice-Consul, or Consular Agent.
The term'' superintendent of the Gaol' includes the Superintendent
of Victoria Gaol or the keeper of any prison or place of custody for
criminals within this Colony.
3. In case requisition shall at any time be made to the Governor b3
the Consular Officer in this Colony of any Foreign Government to,
apprebend, and temporarily, detain in custody any, person, who being .,a
-
subject of such' f oregn Government, and having been accused or convicted
'
of any crime alleged to have' been committed in China or Japan is brought
within this Colony in the course of his transmission to his own country`
for trial or punishment, it shall be lawful for the Governor, if he shall
in:
his discretion think fit, by warrant under his hand and the seal of the
Colony to signify that such requisition has been made and to require the-
Police Magistrates to govern themselves accordingly and to aid in::
ayebendiiag the person so ac cused or convicted and hereinafter referred
pp
to as the offender.
warrant or. . 4. Upon the issue of such warrant as aforesaid, it shall be
lawful
order of ._.
Magistrate.%: for any Police Magistrate to issue his warrant for the
apprehension of the
offender to be dealt with in manner hereinafter provided.
Proceedings
before the
Magistrate.
Production of
warrant of -
tianemission.
Proof of
identity.
~, If the offender be apprehended, he shall be brought forthwith.:
before the Magistrate, and the following conditions and regulations shall:
be complied with :_
1. There must be the production before the Magistrate of the
warrant or other official document authorizing the t,rans-
missioti of the offender for.. trial or punishment as aforesaid ;:
2. In every case, proof of the identity of the offender mint be
given to the satisfaction of the Magistrate;
ORDINANCE No. 14 of 1872.
Detention of Foreign Offenders.
3. The warrant or other official document of transmission shall
be sufficiently proved if it purport to bear the signature
and seal of a Diplomatic or Consular Officer in China or
Japan, 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 ;
4. The offender shall be asked if he has any valid cause to show offender
may
why he should not be committed to gaol to await the order show cause.
of the Governor.
Autlientica=
Lion of
warrant of
transmission. -
6. If the offender shall fail to show cause to the satisfaction of the
committal by
Magistrate why be should not be.committed, tile Magistrate shall commit
Alas'i5trat°.
him to gaol there to await the order of the Governor.
'j. The Magistrate before whom the offender shall be brought under
Magistrate
to report to
this Ordinance shall, at the conclusion of the case, send a report
thereon Governor.
to -the Governor. .
$. The Governor may,, after the committal of the offender'to gaol
aforesaid, issue an order directed to the Superintendent of the Gaol for
the
delivery up of the offender to the Consular Officer of the said foreign
Government, or other person xnentioned.,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 a,s aforesaid; and the offender shall be
delivered up accordingly; and if be shall escape out of any custody to
which he shall be committed, or to which he shall be delivered as
aforesaid,
it shall be lawful to retake him in the same manner as any person accused
.of guy felony committed within the Colony may be retaken on an escape.
g. The Governor may at anytime before the offender shall have been The
aorer,cor
may
conveyed out of the Colony, issue an order for his release from custod
issue
y order of
under this Ordinance, and thereupon the offender shall be forthwith
release.
discharged from such custody.
10. If any action be brought against a Magistrate, gaoler, officer
of Police, Co>wular: officer, of any .other person whomsoever for,anything
done in obedience to, or in pursuance of any warrant or order issued under
the provisions of this Ordinance, the proof of such warrant or order shall
ex overnormky .,
order aeuv®r~:
up at the-
,oftendei-£o A
! = .
Consular
Officer or
other person.
r,Stoat' of
offender after
delivery to
Consular
Officer, fio. ..
Protection to
Magistrate,
gaoler, &e.,
acting under
Ordinance. ,
ORDINANCE No. 14 of 1.72.
D, etention of Foreign Offenders.'
be a sufficient answer to such action; and the defendant, on such proof
a,&
aforesaid, shall be entitled to a verdict or j udgment in his favor, and
shall
also be entitled to his full costs of suit.
11. The forms given in the schedule to this Ordinance, or forms to,
;hedule may
o used. the like effect, with such variations and additions as
circumstances require,
may be used for the purposes therein indicated, and instruments in those
forms shall (as regards the form thereof) be valid and sufficient.
SCHEDULE. -
FORMS.
8y His Excellency
(GOVERNOR'S WARRANT TO MACiI$TRATE~$.)
The .Foreign Dfenders Detention Ordinance, 1872.
Governor
and Commander-in-Chief-of this Colony and its dependencies.
To :. Police Magistrates.
Whereas requisition has be'eri duly made to me pursuant to the above
Ordinance
for the apprehension aud'temporary detention in custody of one
now in dais Colony
chaiged 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
appre-
hending the said offender and in committing him to gaol for the purpose
of his beina_
detained in custody according to the provisions of this Ordinance; and
for so doing,
this shall be your warrant.
Given under my hand and the public-seal of the Colony, at Victoria,
Hongkong,.
8y Order,
this day of
Colonial Secretaa~y.
(WARIUNT OF APPREHENSION.)
The .foreign 0fenders Detention Ordinance, 1812.
Governor, &c.
Hongkong
To all and,each of the constables of the Hongkong Police Force.
to wit.
Whereas His E%celleucy - ` Governor
auk:; Commander-in-Chief of this Colony and its dependencies, by warrant
under his.
ORDINANCE No: 14` ejip1.°,972.
Detention of Foreign n -G1ffmders.
hand and seal has signified that pursuant to the above Ordinance,
requisition has been
duly made to him for the apprehension and temporary detention of one
now in this Colony charged with [or convicted ofl having committed the
crime of
within the territory of _ and has required the
Police Magistrates to govern themselves accordingly and to aid in
apprehending the
said fugitive
This is therefore to command=you in Her Majesty's nameforthwith to
apprehend
the said offender pursuant to th.e said Ordinance wherever he may. be
found in this
Colony, and bring him before one or any other Police Magistrate sitting
in this Court'
for which this shall be your warrant.
Given under my hand and seal, at the Magistrates' Court of this Colony,
this
in the year of our Lord, 18
L.S.
Police Magistrate.
(WARRANT OH' COMMITTAL.)
The .Foreign 0jendera Detention Ordinance, 1872.
Hongkong ~ To one of .the na'ustabies
to wit. of the Hongkong Police Force, and to the Superintendent~of
Victoria, (:gaol:
Whereas on the
late of
in the year of our Lord, 18
was brought before me '
one of the Police Magistrates of this Colony, under the provisions of the
Foreign
Offenders Detention Ordinance, 1872.
And whereas the evidence which has been ahewn to me
is in my opinion sufficient to justify his committal to gaol
pursuant to section 6 of the above Ordinance. ~ .
This is therefore to command you the said constable in Her Majesty's.name
forth-
with to convey and deliver the body of the said - p
into the custody of the said Superintendent of Pietoria Gaol; And you the
said Super-
intendent to receive the said into your custody in the said
gaol and him there safely. to keep until lie shall be thence delivered
pursuant to the
provisions of the said, Ordinance; for which this shall be: your warrant.
Given under my hand and seal at Hongkong, this '
of.
in the year of our Lord, 18
gay
Police Mrrgietxate.
ORDINANCE No. 14 of 1$72.
Detention of Foreign Offenders.
4,.
(GovERNoR'$ ORDER OF DELIVERY.
The .Foreign Offenders Detention Ordinance, 1872.
By His Excellency Governor
and Commander-in-Chief of this Colony and its- dependencies.
To the Superintendent of Victoria Gaol
Whereas on the day of 18 _,.one .
was committed.to gaol
tnder the provisions of the above Ordinance; And whereas I have
determined that
shall be delivered unto
being the person duly authorized by me so
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 m© as,
aforesaid at [here insert place or time of delivery or any other
directione.]
Given under my hand and the public seal of the Colony, at Victoria,
Hongk9ng,;:
this
By Order;
Colonial Secretary.
~e said
(GOVERNOR'S ORDER OF RELEASE.)*
The Foreign Offenders Detention Ordinance, 182.
By His Excellency
and Commander-in-Chief of this Colony and its dependencies. `
To the -Superintendent of Victoria Gaol. -
Whereas one is now in your custody. under the provisions:
bf the above Ordinanpe; And whereas it has been determined that no order
shall-`beg
granted for the delivery of the said offender; You are hereby ordered to
release the
said from custody under the said'Ordinanee.
Given under my hand and the public seal of the Colony, at Victoria,
Hongliong,:
this day of 18
By Order, L.S.
Governor, X-c.
Governor,
Colonial, Secretary.
Governor, cue.
' If the order of release be issued after the delivery of the offender,
this form must be varied accord-
ing 'to the facts, and directed to the person having the custody, of the
offender.
1147
Title.
Preamble.
1148
Short title.
Interpretation 'Consualr Officer.'
'Superintendent of Goal.'
Upon requisition the Governor may issue warrant to Police Magistrates.
Warrant or oder of Magistrate.
Proceedings before the Magistrate.
Production of warrant of transmision.
Proof of identity.
1149
Authentication of warrant of transmission.
Offender may show cause.
Committal by Magistrate.
Magistrate to report to Governor.
Governor may order delivery up of the offender to a Consular Officer or other person.
Custody of offender after delivery to Consular Officer, &c.
The Governor may issue order of release.
Protection to Magistrate, gaoler, &c., acting under Ordinance.
1150
Forns in schedule may be used.
1151
1152
Abstract
1147
Title.
Preamble.
1148
Short title.
Interpretation 'Consualr Officer.'
'Superintendent of Goal.'
Upon requisition the Governor may issue warrant to Police Magistrates.
Warrant or oder of Magistrate.
Proceedings before the Magistrate.
Production of warrant of transmision.
Proof of identity.
1149
Authentication of warrant of transmission.
Offender may show cause.
Committal by Magistrate.
Magistrate to report to Governor.
Governor may order delivery up of the offender to a Consular Officer or other person.
Custody of offender after delivery to Consular Officer, &c.
The Governor may issue order of release.
Protection to Magistrate, gaoler, &c., acting under Ordinance.
1150
Forns in schedule may be used.
1151
1152
Title.
Preamble.
1148
Short title.
Interpretation 'Consualr Officer.'
'Superintendent of Goal.'
Upon requisition the Governor may issue warrant to Police Magistrates.
Warrant or oder of Magistrate.
Proceedings before the Magistrate.
Production of warrant of transmision.
Proof of identity.
1149
Authentication of warrant of transmission.
Offender may show cause.
Committal by Magistrate.
Magistrate to report to Governor.
Governor may order delivery up of the offender to a Consular Officer or other person.
Custody of offender after delivery to Consular Officer, &c.
The Governor may issue order of release.
Protection to Magistrate, gaoler, &c., acting under Ordinance.
1150
Forns in schedule may be used.
1151
1152
Identifier
https://oelawhk.lib.hku.hk/items/show/311
Edition
1890
Volume
v2
Cap / Ordinance No.
No. 14 of 1872
Number of Pages
6
Files
Collection
Historical Laws of Hong Kong Online
Citation
“FOREIGN OFFENDERS DETENTION ORDINANCE, 1872,” Historical Laws of Hong Kong Online, accessed March 1, 2025, https://oelawhk.lib.hku.hk/items/show/311.
