1917

FOREIGN JURISDICTION ACT, 1890
(2) Thereupon those enactments shall,, to the extent of that
jurisdiction, operate as if that country were a British possession, and as-
if Her Majesty in Council were the Legislature of that possession.
Power to send 6.—(1.) Where a person is charged with an offence cognizable by
srithoffencesgft>r a British court in a foreign country, any person, having authority derived
trial to a British from Her Majesty in that behalf may, by warrant, cause the person so
possession. charged to be sent for trial to any British possession for the time being
appointed in that behalf by Order in Council, and upon the arrival of the
person so charged in that British possession, such criminal court of that
possession as is authorised in that behalf by Order in Council, or, if no
court is so authorised, the supreme criminal court of that possession may
cause him to be kept in safe and proper custody, and so soon as con¬
veniently may be may inquire of, try, and determine the offence, and on
conviction punish the offender according to the laws in force in that
behalf within that possession in the same manner as if the offence had
been committed within the jurisdiction of that criminal court.
Provided that—
(a.). A person so charged may, before being so sent for trial,
tender for examination to a British court in the foreign country
where the offence is alleged to have been committed any
competent witness whose evidence he deems material for his-
defence and whom he alleges himself unable to produce at the
trial in the British possession:
(6.) In such case the British court in the foreign country shall
proceed in the examination and cross-examination.of the witness
as though he had been tendered at a trial before that court, and
shall cause the evidence so taken to be reduced into writing,
and shall transmit to the criminal court of the British possession
by which the person charged is to be tried a copy of the evidence^
certified as correct under the seal of the court before which the
evidence was taken, or the signature of a judge of that court:
(c.) Thereupon the court of the British possession before which the
trial takes place shall allow so much of the evidence so taken as
would have been admissible according to the law and practice
of that court, had the witness been produced and examined at
the trial, to be read and received as legal evidence at the trial:
(<Z.) The court of the British possession 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 his offence-
is alleged to have been committed, as 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 those respects from the law in force in that
British possession.
(2.) Nothing in this section shall alter or repeal any law, statute, or
usage by virtue of which any offence committed out of Her Majesty’s
dominions may, irrespectively of this Act, be inquired of, tried, determined
and punished within Her Majesty’s dominions, or any part thereof.
7. Where an offender convicted before a British court in a foreign
country has been sentenced by that court to suffer death, penal servitude,
imprisonment, or any other punishment, the sentence shall be carried
into effect in such place as may be directed by Order in Council or be
determined in accordance with directions given by Order in Council, and
the conviction and sentence shall be of the same force in the place in
which the sentence is so carried into effect as if the conviction had been
made and the sentence passed by a competent court in that place.
place of punish,
ment of persons
convicted.