« PreviousContinue »
as to removal (s. 4).
Warrant (s. 7).
Dealing with removed
prisoner (s. 8).
Escape (s. 9).
(c) That the offence was committed wholly or partly beyond the limits of the foreign country; or
(d) By reason of there being no British prisons in the foreign country in which the prisoner can properly undergo his sentence, or otherwise, the removal of the prisoner is expedient for his safer custody or for more efficiently carrying his sentence into effect; or
(e) That the prisoner belongs to a class of persons who, under the law administered by the Consular Court in the foreign country, are subject to removal under this Act.
A Secretary of State, or the Government of the possession to which a prisoner has been removed, may order him to be returned to the foreign country for the purpose of undergoing the residue of his sentence, or for the purpose of being discharged. In other cases, when discharged at the expiration of his sentence, the prisoner is entitled to be sent free of cost to the foreign country from which he was removed, except in case (b) above.
The Queen in Council may make regulations for the removal, return, and discharge of prisoners under the Act. They may provide for varying the conditions of a sentence of imprisonment where they differ from the conditions of a sentence in the possession to which the prisoner is removed, with a view to bringing the sentence more into conformity with those conditions; but a prisoner is not to undergo an imprisonment of longer duration than his actual sentence. And if the conditions of a sentence would become more severe in consequence of the removal, a Secretary of State may remit a portion of the imprisonment so as to equalize the conditions.
The "removing authority " is a Secretary of State acting with the concurrence of Her Majesty's representative in the foreign country from which, and of the Government of the possession to which, the prisoner is removed.
Both the removal and return are to be by warrant directing the manner in which, and the persons by whom, they are to be carried out.
A removed prisoner is to be dealt with as if his conviction had taken place and his sentence had been pronounced in the possession to which he is removed.
If a prisoner in custody under this Act escapes out of custody, he may be retaken in the same way as prisoners may be retaken by the law of the country to which he escapes.
The offences of escaping or attempting to escape, and aiding or attempting to aid a prisoner to escape, may be tried in the
British possession or foreign country to or from which the prisoner is being removed or returned, in which he escapes, or in which he is found: the offence is to be deemed an offence according to the law administered by the Court where the offence is tried.
The provisions of the Act are to apply to persons in custody Application as criminal lunatics.
of Act to removal of
Where a Secretary of State, or Her Majesty's representative criminal in the country from which, or the Government of the British. possession to which, the criminal lunatic was removed, considers that he has become sufficiently sane to be tried for the offence, and requires him to be returned for trial to the foreign country from which he was removed, he shall be returned there in custody as if he had been arrested under a warrant on a charge for the offence.
The expression "criminal lunatic" means a person detained in custody by reason of his having been charged with an offence, and either found to have been insane at the time of such offence, or found, or certified, or otherwise lawfully proved to be unfit on the ground of his insanity to be tried for the same, and includes a person convicted of an offence and afterwards certified or otherwise lawfully proved to be insane.
6. That persons charged with offences cognizable by a Con- Principal Act. sular Court may be sent, by warrant, under the hand of the Power to send person having authority from Her Majesty in that behalf, for persons charged with trial to any British possession for the time being appointed in offences for that behalf by Order in Council. The Court in the possession Colony. specified in the Order, or, if none is specified, the Supreme Criminal Court of that possession, is to try the offence, and on conviction to punish the offender as if the offence had been committed within the jurisdiction of that Court.
Before the accused is sent for trial he may tender before the Evidence. Consular Court any competent witness whose evidence he deems material to his defence, and whom he alleges he is unable to produce at the trial in the possession.
The witness is to be examined and cross-examined as if he had been produced at the trial, his evidence is to be reduced into writing, and transmitted to the Court in the possession certified under the seal of the Court or signature of the Judge.
Provisions as to place of punishment of persons convicted.
s. 8. Validity of deportation orders.
s. 9. Power to
The evidence is to be received by the Court in the possession according to the law and practice of that Court, as if the witness had been examined at the trial.
Notwithstanding the above provisions as to the punishment of the offender according to the law administered by the Court in the possession, it is provided that that Court "shall admit and give effect to the law by which the alleged offender would have been tried by the British Court in the foreign country in which the offence is alleged to have been committed, so far as that law relates to the criminality of the act alleged to have been committed, or the nature or degree of the offence, or the punishment thereof, if the law differs in these respects from the law in force in that British possession."
The sixth section does not affect any law by which an offence committed out of the Queen's dominions may be tried and punished within the dominions.
The section, as has been already pointed out, is not operative until an Order in Council designates the possession to which persons may be deported.
7. That the place of punishment of persons convicted before a Consular Court is also to be subject to directions given in the Order in Council. The conviction and sentence are to be of the same force in the place in which the sentence is carried out as if they had been pronounced by a competent Court of that place. 8. That where an Order in Council authorizes a Consular Court to order the removal or deportation of any person, the removal or deportation, and any detention for the purposes thereof, according to the provisions of the Order, are to be considered as lawful as if the order of the Court were to have effect wholly within its jurisdiction.
9. That the Queen in Council may confer on "any Court in assign juris- any British possession, or held under the authority of Her Majesty," any jurisdiction, civil or criminal, original or appellate, which may lawfully be conferred by Order in Council on any British Court in any foreign country: and may make all necessary provisions and regulations respecting the same.
British Courts in cases within the Act.
10. That the Queen may revoke or vary any Order in Council made under the Act.
Orders to be
II. That every Order in Council made under the Act shall be s. II. laid before both Houses of Parliament forthwith after it is made; laid before or if Parliament is not in session, forthwith after the commencement of the next session, "and shall have effect as if it were enacted in this Act."
In what cases
12. That if any Order in Council "is in any respect repugnant s. 12. to the provisions of any Act of Parliament extending to Her Orders in Majesty's subjects" in the foreign country to which the Order Council applies, or to any regulations made under the authority of such repugnancy. an Act, or having in that country the force and effect of such an Act, the Order is to be read subject to that Act or regulation, and shall be void to the extent of such repugnancy. But unless it is repugnant to such an Act or regulation, it is not to be deemed void "on the ground of repugnancy to the law of England." This section has already been considered.
ante, p. 34.
13. That proceedings against persons "for any act done in s. 13: pursuance or execution, or intended execution," or "in respect protecting of any alleged neglect or default in the execution," of this Act under the (or of any of the repealed Acts), or of any Order in Council Act. made under it, or of any jurisdiction which Her Majesty has in foreign countries "by Treaty, capitulation, grant, usage, sufferance, or other lawful means," shall not be instituted
(a) In any Court within Her Majesty's dominions, unless it is commenced within six months after the act, neglect, or default complained of; or, where the cause of action arose out of the dominions, within six months after the parties to the proceeding have been within the jurisdiction of the Court in which it is instituted; or, in case of a continuing injury or damage, within six months after the ceasing thereof:
(b) In any Consular Court, subject to the additional proviso that the cause of action arose within its jurisdiction.
In such a proceeding, tender of amends before it was commenced may be pleaded in lieu of or in addition to any other plea. In case of tender of amends, whether before or after suit, if the plaintiff does not recover more than the sum tendered, the defendant is to be entitled to taxed costs, as between solicitor and client, as from the time of the tender. This provision is not to affect costs on any injunction in the proceeding.
s. 14. Jurisdiction over ships in
s. 15. Subjects of Indian princes.
14. That the Queen in Council may make laws for the government of her subjects on board ships within one hundred miles from the coasts of China or Japan, "as fully and effectually as any such law might be made by Her Majesty in Council for the government of Her Majesty's subjects being in China or Japan."
15. That where an Order in Council under the Act extends to persons enjoying Her Majesty's protection, that expression shall include all subjects of the several Princes and States in cf. post, p. 154. India.
s. 16. Definitions.
Power to repeal or
Repeal of 6 & 7 Vict.
c. 94, 28 & 29 Vict. c. 116,
16. That in the Act
The expression "foreign country" means any country or place out of Her Majesty's dominions;
The expression "British Court in a foreign country" means any British Court having jurisdiction out of Her Majesty's dominions in pursuance of an Order in Council, whether made under any Act or otherwise;
The expression "jurisdiction" includes power.
17. That two Acts mentioned in the second schedule may be revoked or varied by Order in Council.
These two Acts are of that class to which reference has already been made, by which the laws in force in certain Colonies are extended in their application to British subjects in adjacent territories.
The Acts in question are—
24 & 25 Vict. c. 31: "For the prevention and punishment of offences committed by Her Majesty's subjects within certain territories adjacent to the Colony of Sierra Leone."
26 & 27 Vict. c. 35: "For the prevention and punishment of offences committed by Her Majesty's subjects in South Africa.” 18. That the Acts mentioned in the third schedule are repealed.
In addition to the old Foreign Jurisdiction Acts of 1843, 1865, 1866, 1875, and 1878, which are consolidated by the new Act, the
29 & 30 Vict.
Vict. c. 85,
41 & 42 Vict. c. 67, and
20 & 21 Vict. c. 75: "To confirm an Order in Council concerning the exercise of jurisdiction in matters arising within the Kingdom of Siam."
33 & 34 Vict. c. 55: "To vest jurisdiction in matters arising