FOREIGN OFFENDERS DETENTION ORDINANCE, 1872
Title
FOREIGN OFFENDERS DETENTION ORDINANCE, 1872
Description
ORDIANCE No. 1 OF 1872.
Foreign Offenders Detention Ordinance, 1872.
AN ORDINANCE for the temporary Detention of certain Foreign
Offender. [20th December, 1872.]
WHEREAS subjects of Foreign Governments resorting to China
and Japan who have been accused or convicted of crimes com-
mitted there are frequently brought within this Colony in the course of
their transmission to their respective countries for trial or punishment
on such charges or convictions, and it is expedient to provided for the
temporary detention and custody within the Colony of such offenders,
pending the necessary arrangements for their transmission as aforesaid:
BE it therefore enacted by the Governor of Hongkong, wiht the advice
of the Legislative Council therof, as follows:-
1. This Ordinance may be cited as the Foreign Offenders Detention
Ordinance, 1872.
2. In this Ordinance-
'Consular Officer' includes a Consul General, Vice-Consul, Con-
sular Agent, and any person for the time being discharging the
duties of Consul General, Consul, Vice-Consul, or Consular Agent:
'The Superintendent of th 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 is at any time made to the Governor by the
Consular Officer in this Colony of any Foreign Government to apprehend
and tmeporarily 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 in China or Japan, is brought
within this Colony in the course of his transmission to his own country
for trail 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 Col-
ony, to signify that such requistion has been made and to require the
Police Magistrates to govern themselves accordingly and to aid in appre-
hending the person so accused or convicted and hereinafter referred to
as the offender.
4. On the issue of such warrant, it shall be lawful for any Police
Magistrate to issue his warrant for the apprehension of the offender, to
be dealt with in manner hereinafter provided.
5. if the offender is apprehended, he shall be brought forthwith
before the Magistrate, and the following conditions and regulations shall be complied with; that is to say,-
(1) there must be produced before the Magistrate the warrant or
other official document authorizing the transmission of the offender
for trial or punishment as aforesaid;
(2) in every case, proff of the identity of the offender must be given,
to the satisfaction of the Magistrate;
(3) the warrant or other official document of transmission shall be
sufficiently proved if it purposrt to bear the signature and seal of
a Diplomatice or Consular Officer in China or Janpan of the Foreign
Government of which such offender is a subject, and, for the pur-
poses of this Ordinance, the warrant or other document so authen-
ticated 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 has has any valid cause to show why
he shuld 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 Magis-
trate, why he should not be committed, the Magistrate shall commit him
to gaol, there to await the order of the Governor.
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 the offender to
gaol as 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 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 ahs been
committed or to which he has been delivered as aforesaid, it shall be
lawful to retake him in the same manner as any person accused of any
felony committed within the Colonby may be retaken on any 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, officer of
Police, Consular Officer, or 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 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 alos be entitled to his full costs of the action.
11. The forms in the Schedule to this Ordinance, or forms to the like
effect, with such variations and additions as circumstances may require,
may be used for the purposes therin indicated, and instruments in
those forms shall (as regards the form thereof) be valid and sufficient.
SCHEDULE.
FORMS.
FORM No.1.
GOVERNOR'S WARRANT TO POLICE MAGISTRATES.
The Foreign Offenders Detention Ordinance, 1872.
HONGKONG.
By His Excellency Governor and Commander-
in-Chief of this Colony and its dependencies.
To Police Magistrates.
Whereas requisiton has been duly made to me, pursuant to the above-
mentioned Ordinance, for the apprehension and temporary detention in custody
of one now in this Colony, charged with[or convicted
of] having committed the crim 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 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 .
By Order
(Signed.) (Signed.)
Colonial Secretary Governor.
[L.S.]
FORM No. 2.
WARRANT OF APPREHENSION.
The Foreign Offenders Detention Ordinance, 1872.
To all and each of the constables of the Hongkong Police
Force.
Whereas His Excellency Governor and com-
mander-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 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 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 Police 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 .
(Signed.)
[L.S.] Police Magistrate.
FORM No. 3.
WARRANT OF COMMITTAL.
The Foreign Offenders Detention Ordinance, 1872.
To one of the Constable of the Hongkong
Police Force, and to the Superintendent of Victoria Gaol.
Whereas on the day of ,
late of was brought before me, one of the Police
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 gaol pursuant to section 6 of the
above-mentioned Ordinance:
This is, therefore, to command you, the said constable, in Her Majesty's
name, forthwith to convey and deliver the body of the said
into the custody of the Superintendent of Victoria Gaol; and you, the said
Superintendent, to receive the said into your custody in
the said Gaol 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 .
(Signed.)
[L.S.] Police Magistrate. FORM No.4.
GOVERNOR'S ORDER OF DELIVERY.
The Foreign Offenders Detnetion Ordinance, 1872.
HONGKONG.
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 , one
was committed to gaol under the provisions of the above-mentioned Ordi-
nance; 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 delvier the said unto
being the person so duly authorized by me as aforesaid, at
[here insert place or time of delivery or any other directin.]
Given under my hand and the Public Seal of the Colony, at Victoria,
Hongkon, this day of .
By Order,
(Signed.) (Signed.)
Colonial Secretary. governor.
[L.S]
FORM No.5.
GOVERNOR'S ORDER OF RELEASE.*
The Foreign Offenders Detention Ordinance, 1872.
HONGKONG.
By His Excellency Governor and Commander-
in-Chief of this Colony and it dependencies.
to the Superintendent of Victoria Gaol.
Whereas one is now in your custody under the
provisions of the above-mentioned Ordinance; and whereas it has been deter-
mined that no order shall be granted for the delviery of the said offender:
You are hereby ordered to release the said from
custody under the above-mentioned Ordinance.
* If the order of release is issued after the delivery of the offender, this form must be
varied according to the facts, directed to the person having the custody of the offender. Given under my hand and the Public Seal of the Colony, at Victoria,
Hongkong, this day of 1 .
By Order,
(Signed) (Signed.)
Colonial Secretary. Governor.
[L.S]
A.D. 1872. Ordinance No. 14 of 1872. Short title. Interpretation of terms. Issue by Governor to Police Magistrates of warrant 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 to Governor. Order by Governor for delivery up of offender to Consular Officer, etc. Schedule: Form No. 4. Power to Governor to issue order of release. Schedule: Form No. 5. Protection to Magistrate, etc., acting under the Ordinance. Use of forms. Schedule. Section 11. Section 3. Section 4. Section 6. Section 8. Section 9.
Foreign Offenders Detention Ordinance, 1872.
AN ORDINANCE for the temporary Detention of certain Foreign
Offender. [20th December, 1872.]
WHEREAS subjects of Foreign Governments resorting to China
and Japan who have been accused or convicted of crimes com-
mitted there are frequently brought within this Colony in the course of
their transmission to their respective countries for trial or punishment
on such charges or convictions, and it is expedient to provided for the
temporary detention and custody within the Colony of such offenders,
pending the necessary arrangements for their transmission as aforesaid:
BE it therefore enacted by the Governor of Hongkong, wiht the advice
of the Legislative Council therof, as follows:-
1. This Ordinance may be cited as the Foreign Offenders Detention
Ordinance, 1872.
2. In this Ordinance-
'Consular Officer' includes a Consul General, Vice-Consul, Con-
sular Agent, and any person for the time being discharging the
duties of Consul General, Consul, Vice-Consul, or Consular Agent:
'The Superintendent of th 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 is at any time made to the Governor by the
Consular Officer in this Colony of any Foreign Government to apprehend
and tmeporarily 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 in China or Japan, is brought
within this Colony in the course of his transmission to his own country
for trail 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 Col-
ony, to signify that such requistion has been made and to require the
Police Magistrates to govern themselves accordingly and to aid in appre-
hending the person so accused or convicted and hereinafter referred to
as the offender.
4. On the issue of such warrant, it shall be lawful for any Police
Magistrate to issue his warrant for the apprehension of the offender, to
be dealt with in manner hereinafter provided.
5. if the offender is apprehended, he shall be brought forthwith
before the Magistrate, and the following conditions and regulations shall be complied with; that is to say,-
(1) there must be produced before the Magistrate the warrant or
other official document authorizing the transmission of the offender
for trial or punishment as aforesaid;
(2) in every case, proff of the identity of the offender must be given,
to the satisfaction of the Magistrate;
(3) the warrant or other official document of transmission shall be
sufficiently proved if it purposrt to bear the signature and seal of
a Diplomatice or Consular Officer in China or Janpan of the Foreign
Government of which such offender is a subject, and, for the pur-
poses of this Ordinance, the warrant or other document so authen-
ticated 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 has has any valid cause to show why
he shuld 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 Magis-
trate, why he should not be committed, the Magistrate shall commit him
to gaol, there to await the order of the Governor.
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 the offender to
gaol as 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 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 ahs been
committed or to which he has been delivered as aforesaid, it shall be
lawful to retake him in the same manner as any person accused of any
felony committed within the Colonby may be retaken on any 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, officer of
Police, Consular Officer, or 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 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 alos be entitled to his full costs of the action.
11. The forms in the Schedule to this Ordinance, or forms to the like
effect, with such variations and additions as circumstances may require,
may be used for the purposes therin indicated, and instruments in
those forms shall (as regards the form thereof) be valid and sufficient.
SCHEDULE.
FORMS.
FORM No.1.
GOVERNOR'S WARRANT TO POLICE MAGISTRATES.
The Foreign Offenders Detention Ordinance, 1872.
HONGKONG.
By His Excellency Governor and Commander-
in-Chief of this Colony and its dependencies.
To Police Magistrates.
Whereas requisiton has been duly made to me, pursuant to the above-
mentioned Ordinance, for the apprehension and temporary detention in custody
of one now in this Colony, charged with[or convicted
of] having committed the crim 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 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 .
By Order
(Signed.) (Signed.)
Colonial Secretary Governor.
[L.S.]
FORM No. 2.
WARRANT OF APPREHENSION.
The Foreign Offenders Detention Ordinance, 1872.
To all and each of the constables of the Hongkong Police
Force.
Whereas His Excellency Governor and com-
mander-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 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 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 Police 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 .
(Signed.)
[L.S.] Police Magistrate.
FORM No. 3.
WARRANT OF COMMITTAL.
The Foreign Offenders Detention Ordinance, 1872.
To one of the Constable of the Hongkong
Police Force, and to the Superintendent of Victoria Gaol.
Whereas on the day of ,
late of was brought before me, one of the Police
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 gaol pursuant to section 6 of the
above-mentioned Ordinance:
This is, therefore, to command you, the said constable, in Her Majesty's
name, forthwith to convey and deliver the body of the said
into the custody of the Superintendent of Victoria Gaol; and you, the said
Superintendent, to receive the said into your custody in
the said Gaol 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 .
(Signed.)
[L.S.] Police Magistrate. FORM No.4.
GOVERNOR'S ORDER OF DELIVERY.
The Foreign Offenders Detnetion Ordinance, 1872.
HONGKONG.
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 , one
was committed to gaol under the provisions of the above-mentioned Ordi-
nance; 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 delvier the said unto
being the person so duly authorized by me as aforesaid, at
[here insert place or time of delivery or any other directin.]
Given under my hand and the Public Seal of the Colony, at Victoria,
Hongkon, this day of .
By Order,
(Signed.) (Signed.)
Colonial Secretary. governor.
[L.S]
FORM No.5.
GOVERNOR'S ORDER OF RELEASE.*
The Foreign Offenders Detention Ordinance, 1872.
HONGKONG.
By His Excellency Governor and Commander-
in-Chief of this Colony and it dependencies.
to the Superintendent of Victoria Gaol.
Whereas one is now in your custody under the
provisions of the above-mentioned Ordinance; and whereas it has been deter-
mined that no order shall be granted for the delviery of the said offender:
You are hereby ordered to release the said from
custody under the above-mentioned Ordinance.
* If the order of release is issued after the delivery of the offender, this form must be
varied according to the facts, directed to the person having the custody of the offender. Given under my hand and the Public Seal of the Colony, at Victoria,
Hongkong, this day of 1 .
By Order,
(Signed) (Signed.)
Colonial Secretary. Governor.
[L.S]
A.D. 1872. Ordinance No. 14 of 1872. Short title. Interpretation of terms. Issue by Governor to Police Magistrates of warrant 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 to Governor. Order by Governor for delivery up of offender to Consular Officer, etc. Schedule: Form No. 4. Power to Governor to issue order of release. Schedule: Form No. 5. Protection to Magistrate, etc., acting under the Ordinance. Use of forms. Schedule. Section 11. Section 3. Section 4. Section 6. Section 8. Section 9.
Abstract
A.D. 1872. Ordinance No. 14 of 1872. Short title. Interpretation of terms. Issue by Governor to Police Magistrates of warrant 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 to Governor. Order by Governor for delivery up of offender to Consular Officer, etc. Schedule: Form No. 4. Power to Governor to issue order of release. Schedule: Form No. 5. Protection to Magistrate, etc., acting under the Ordinance. Use of forms. Schedule. Section 11. Section 3. Section 4. Section 6. Section 8. Section 9.
Identifier
https://oelawhk.lib.hku.hk/items/show/584
Edition
1901
Volume
v1
Cap / Ordinance No.
No. 1 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 January 25, 2025, https://oelawhk.lib.hku.hk/items/show/584.
