answer questions and produce documents, in like manner and subject to the like conditions as he may in the case of a charge preferred for an offence. Every person who wilfully gives false evidence before the Chief Commissioner under this section shall be guilty of perjury. Provided that nothing in this section shall apply in the case of any criminal matter of a political character. 18. For the purposes of this Ordinance every constituent part of a foreign State and every Colony, dependency or protectorate of and every vessel of that state, shall be deemed to be within the jurisdiction of and to be part of such foreign State. 19. In this Ordinance, unless the context otherwise requires :The term "Protectorate means the Northern Territories of the Gold Coast. The term crime in respect of which surrender may be granted means a crime which would be punishable by the law of the Protectorate if committed in the Protectorate and which would (by whatever name designated by the law of the Protectorate) be one of the crimes described in the First Schedule to this Ordinance. Provided that every person who is accused or convicted of having counselled, procured, commanded, aided or abetted the commission of any crime, or of being accessory before or after the fact of any such crime in a foreign State to which this Ordinance applies, shall for the purposes of this Ordinance be deemed to be accused or convicted of having abetted such crime within the meaning of the Criminal Code of the Gold Coast Colony and shall further be deemed for the purpose of this Ordinance to be accused or convicted of having committed the crime abetted by him as aforesaid, and shall be liable to be apprehended and surrendered accordingly. The terms conviction and "convicted" do not include or refer to a conviction which under foreign law is a conviction for contumacy, but the term "accused person " includes a person so convicted for contumacy. 66 The term fugitive criminal" means any person accused or convicted of a crime in respect of which surrender may be granted, committed within the jurisdiction of any foreign State, who is in or is suspected of being in or on the way to some part of the Protectorate, and the term "fugitive criminal of a foreign State" means a fugitive criminal accused or convicted of a crime in respect of which surrender may be granted, committed within the jurisdiction of that State. The term "diplomatic representative of a foreign State" includes any person recognised by the Governor as a ConsulGeneral, Consul or Vice-Consul, or as the officer administering the Government of any possession, dependency or protectorate of that State. The term 66 warrant " in the case of any foreign State, includes any judicial document authorising the arrest of a person accused or convicted of crime. THE FIRST SCHEDULE. List of Crimes. Murder, and attempt and conspiracy to murder. Manslaughter. Counterfeiting and altering money and uttering counterfeit or altered money. Forgery, counterfeiting, and altering, and uttering what is forged or counterfeited or altered. Embezzlement and larceny. Obtaining money or goods by false pretences. Offences by bankrupts against bankruptcy law or any indictable offence under the laws relating to bankruptcy. Fraudulent misappropriations and fraud by a bailee, banker, agent, factor, trustee or director, or member or public officer of any Company made criminal by any Act of Parliament or Ordinance for the time being in force. Rape. Child-stealing. Burglary and house-breaking. Arson. Robbery with violence. Threats by letter or otherwise with intent to extort. Piracy by law of nations. Sinking or destroying a vessel at sea, or attempting or conspiring to do so. Assault on board a ship on the high seas with intent to destroy life or to do grievous bodily harm. Revolt or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authority of the master. Offences against the Slave Trade Act, 1873, or otherwise in connection with the Slave Trade, committed on the high seas or on land or partly on the high seas and partly on land. Kidnapping and false imprisonment. Perjury and subornation of perjury. Any offence not before mentioned, being an indictable offence under the following Acts of Parliament of 1861, or any of them, or under any Act amending or substituted for the same : 24 & 25 Vict. c. 96 Larceny. 24 & 25 Vict. c. 97 Malicious injuries to property. 24 & 25 Vict. c. 98 Forgery. 24 & 25 Vict. c. 99 False coining. 24 & 25 Vict. c. 100 Murder and other offences against the person. Any other crime which is punishable in the Protectorate by a term of twelve months' imprisonment with hard labour. SECOND SCHEDULE. Form of Order of Governor to the Chief Commissioner. To the Chief Commissioner of the Northern Territories. WHEREAS, in pursuance of an arrangement with referred to in a Notice in the "Gazette" dated the day of (or convicted) of the commission of the crime of within the jurisdiction of the Governor for the surrender . accused NOW I hereby, by this my Order under my hand, signify to you that such requisition has been made, and require you to issue your warrant for the apprehension of such fugitive, provided that the conditions of "The Fugitive Criminals Surrender Ordinance, 1906," relating to the issue of such warrant, are in your judgment complied with. Given under the hand of the undersigned Governor of the Gold Coast Colony, this day of 19 Form of Warrant of Apprehension by order of Governor. To all and each of the constables of the police force of the Gold Coast WHEREAS the Governor of the Gold Coast Colony, by Order under his accused (or convicted) of the commission of the crime of within the jurisdiction of This is therefore to command you in His Majesty's name forthwith to appre- Given under my hand at this day Chief Commissioner. # (or Commis sioner of the District, as the case may be.) Form of Warrant of Apprehension without order of Governor. To all and each of the constables of the police force of the Gold Coast WHEREAS it has been shown to the undersigned, Chief Commissioner of the Northern Territories of the Gold Coast that late of commission of the crime of of is accused (or convicted) of the within the jurisdiction This is therefore to command you in His Majesty's name forthwith to apprehend the said in this day of 190 Commissioner. Form of Warrant by a District Commissioner for bringing prisoner before Το to the Chief Commissioner. a member of the West African Frontier Force (or constable of the police force of the Gold Coast Colony) and to all other members of the West African Frontier Force and police force of the Gold Coast Colony. (or alleged to be convicted) of the commission of the crime of within the jurisdiction of accused has been apprehended and brought before the undersigned, Commissioner for District of the Northern Territories; the AND WHEREAS by "The Fugitive Criminals Surrender Ordinance, 1906," he is required to be brought before the Chief Commissioner; This is therefore to command you, the said Majesty's name forthwith to take and convey the said to in His and there carry him before the Chief Commissioner to show cause why he should not be surrendered in pursuance of the said Ordinance and otherwise to be dealt with in accordance with law, for which this shall be your warrant. of Given under my hand at 190 this day day of in the year of Our Lord One thousand nine hundred and late of is brought before me the Chief Commissioner of the Northern Territories to show cause why he should not be surrendered in pursuance of "The Fugitive Criminals Surrender Ordinance, 1906," on the ground of his being accused (or convicted) of the crime of within the jurisdiction of and for as much as no sufficient cause has been shown to me why he should not be surrendered in pursuance of the said Ordinance. This is therefore to command you the said+ +Insert "con in His Majesty's name forthwith to convey and deliver the body of the stable" or said into the custody of the said keeper of the prison "member of and you the said keeper to receive the into your custody, and him there safely to keep until he is thence delivered pursuant to the provisions of the said Ordinance, the case may be for which this shall be your warrant. Form of Warrant of Governor for Surrender of Fugitive. To the keeper of the prison at the jurisdiction of by warrant dated pursuant to "The Fugitive Criminals Surrender Ordinance, 1906." Now I do hereby, in pursuance of the said Ordinance, order you the said keeper to deliver the body of the said custody of the said into your custody, and to convey him within the jurisdiction of the said and there place him in the custody of any person 3 с (M 81) or persons appointed by the said which this shall be your warrant. to receive him, for Given under my hand and seal of the undersigned, Governor of the Gold Coast Colony, this day of 190 Made this 20th day of August, 1906. H. BRYAN, Acting Governor of the Gold Coast Colony. ORDINANCE of the Government of Hong Kong to amend "The Prepared Opium Ordinance, 1891.". [No. 15.] [November 8, 1906.] BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows: 1. This Ordinance may be cited as "The Prepared Opium (Amendment) Ordinance, 1906," and shall be read and construed as one with "The Prepared Opium Ordinance, 1891," hereinafter called the principal Ordinance. 2. Section 2 of the principal Ordinance shall be amended by the addition of the following definitions : "The expression compound of opium' means any substance, not coming within the above definition of prepared opium, which contains opium, or any constituent or alkaloid thereof, however the original form of such opium may have been altered. 666 'Morphine' includes morphia and all salts of morphine and any solution or preparation containing morphine." 3. The proviso to section 10 of the principal Ordinance is hereby repealed and the following substituted therefor : Provided that no trader in opium shall be prevented from bona fide testing samples of opium obtained in accordance with the provisions of any Ordinance for the time being in force relating to raw opium and keeping the same for the purposes of his trade, the burden of proof whereof shall in each case be upon any person alleging the same in his defence." 4. After section 12 of the principal Ordinance the following shall be inserted : "Compounds of opium. 12a. (1.) It shall be lawful for the Governor-in-Council to grant licences to such persons as he may think fit in such numbers as he may deem suitable and on such conditions as he may consider proper for importing for sale or use within the Colony, * Vol. XC, page 706. |