FOREIGN OFFENDERS DETENTION ORDINANCE, 1872
Title
FOREIGN OFFENDERS DETENTION ORDINANCE, 1872
Description
No. 1 of 1872.
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 fre-
quently brought within this 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 necessary arrangements for their transmission:-
1. 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 committed outside the Colony, is
brought in the custody of an officer of such Government within this
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.
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 :-
(1) the warrant, or other official document authorising the trans-
mission of the offender for trial or punishment as aforesaid must be
produced ;
(2) proof of the idenfity 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
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.
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 Superintendnet 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 has
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 comitted 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 custody.
10. If any action is brought against a Magistrate,gaoler,officer
of police, consular officer, or any other person whomsoever for any
thing 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 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,may
be used for the purposes therein indicated,and instruments in those
forms shall (as regards the form thereof) be valid and sufficient.
SCHEDULE.
FORM No. 1. [s.3.]
GOVERNOR'S WARRANT TO MAGISTRATES.
The Foreign Offenders Detention Ordinance, 1872.
HONGKONG.
By this 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-mentioned
Ordinance, for the apprehension and temporary detention in custody of one
now 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 apprehend-
ing the said offender kind in committing him to gaol ior 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.] (Signed.) Governor.
FORM No. 2.
WARRANT OF APPREHENSION.
The Foreign Offenders Detention Ordinance, 1872.
HONGKONG TO WIT.
To all apid each of the Constables of the Hongkong 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 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 he 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. 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 the Superintendent of the Gaol.
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 com-
mittal to gaol pursuant to section 6 of the above-mentioned Ordinance :
This is, therefore, to command you, the said consdable, in this Majesty's name,
forthwith to convey and deliver the body of the said into the custody
of the Superintendent of the Gaol; and you, the said Supintendent,to receive
the said into your custody in the said Gaol and him
there safely to keep until he shall be 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 Offender Detention Ordinance,1872.
HONGKONG.
By His Excellency Governor and Commander-in-Chief of
this Colony and its dependencies.
To the Superintendent of the Gaol.
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[here insert place or time
of delivery or any other directions].
Given under my hand and the Public Seal of the Coloy at Victoria, Hongkong,
this day of 19 .
(Signed.) Governor.
[L. S.]
FORM No. 5. [s.9.]
GOVERNOR's ORDER OF RELEASE.
The Foreign Offenders Detention Ordinance, 1872.
HONGEONG.
BY HIS Excellency Governor and Commander-in-Chief
of this Colony and its dependencies.
To the Superintendent of the Gaol.
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 order 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 or 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.
** Short title. Governor's warrant to Magistrates to apprehend foreign offender. Issue of warrant by Magistrate. Proceedings before Magistrate. Committal by Magistrate. Report by Magistrate. Order by Governor by delivery up of offender to consular officer. Power to Governor to issue order of release. Protection to Magistrate, etc., acting under the Ordinance. Forms.
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 fre-
quently brought within this 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 necessary arrangements for their transmission:-
1. 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 committed outside the Colony, is
brought in the custody of an officer of such Government within this
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.
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 :-
(1) the warrant, or other official document authorising the trans-
mission of the offender for trial or punishment as aforesaid must be
produced ;
(2) proof of the idenfity 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
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.
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 Superintendnet 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 has
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 comitted 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 custody.
10. If any action is brought against a Magistrate,gaoler,officer
of police, consular officer, or any other person whomsoever for any
thing 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 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,may
be used for the purposes therein indicated,and instruments in those
forms shall (as regards the form thereof) be valid and sufficient.
SCHEDULE.
FORM No. 1. [s.3.]
GOVERNOR'S WARRANT TO MAGISTRATES.
The Foreign Offenders Detention Ordinance, 1872.
HONGKONG.
By this 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-mentioned
Ordinance, for the apprehension and temporary detention in custody of one
now 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 apprehend-
ing the said offender kind in committing him to gaol ior 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.] (Signed.) Governor.
FORM No. 2.
WARRANT OF APPREHENSION.
The Foreign Offenders Detention Ordinance, 1872.
HONGKONG TO WIT.
To all apid each of the Constables of the Hongkong 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 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 he 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. 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 the Superintendent of the Gaol.
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 com-
mittal to gaol pursuant to section 6 of the above-mentioned Ordinance :
This is, therefore, to command you, the said consdable, in this Majesty's name,
forthwith to convey and deliver the body of the said into the custody
of the Superintendent of the Gaol; and you, the said Supintendent,to receive
the said into your custody in the said Gaol and him
there safely to keep until he shall be 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 Offender Detention Ordinance,1872.
HONGKONG.
By His Excellency Governor and Commander-in-Chief of
this Colony and its dependencies.
To the Superintendent of the Gaol.
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[here insert place or time
of delivery or any other directions].
Given under my hand and the Public Seal of the Coloy at Victoria, Hongkong,
this day of 19 .
(Signed.) Governor.
[L. S.]
FORM No. 5. [s.9.]
GOVERNOR's ORDER OF RELEASE.
The Foreign Offenders Detention Ordinance, 1872.
HONGEONG.
BY HIS Excellency Governor and Commander-in-Chief
of this Colony and its dependencies.
To the Superintendent of the Gaol.
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 order 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 or 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.
** Short title. Governor's warrant to Magistrates to apprehend foreign offender. Issue of warrant by Magistrate. Proceedings before Magistrate. Committal by Magistrate. Report by Magistrate. Order by Governor by delivery up of offender to consular officer. Power to Governor to issue order of release. Protection to Magistrate, etc., acting under the Ordinance. Forms.
Abstract
** Short title. Governor's warrant to Magistrates to apprehend foreign offender. Issue of warrant by Magistrate. Proceedings before Magistrate. Committal by Magistrate. Report by Magistrate. Order by Governor by delivery up of offender to consular officer. Power to Governor to issue order of release. Protection to Magistrate, etc., acting under the Ordinance. Forms.
Identifier
https://oelawhk.lib.hku.hk/items/show/794
Edition
1912
Volume
v1
Cap / Ordinance No.
No. 1 of 1872
Number of Pages
5
Files
Collection
Historical Laws of Hong Kong Online
Citation
“FOREIGN OFFENDERS DETENTION ORDINANCE, 1872,” Historical Laws of Hong Kong Online, accessed November 15, 2024, https://oelawhk.lib.hku.hk/items/show/794.
