THE WESTERN PACIFIC ORDER

Samoa Times and South Sea Gazette, Issue 21, 23 February 1878, Page 4

THE WESTERN PACIFIC ORDER

jOou:;ii'ieil from our last issue.)

Ihputy Commmionen. 10. i ■ • ; • shall be Deputies of the Hi.;h Commissioner, each of whom shall he st vli vl Une of Her Britannic Majesty’s Deputy Commissioners for the Western Pacific (and is in this Order referred to as a Deputy Commissioner). (2.) Every Deputy Commissioner shall be appointed, in the name and on behalf of Her Majesty, by the High Commissioner, by writing under his hand and official seal.

(3.) There shall be as many Deputy Commissioners as the Secretary of State from time to time thinks fit.

11. A Deputy Commissioner shall be liable to be suspended or removed from Office by the High Commissioner by an instrument in writing, under his hand and official seal, stating the grounds of suspension or removal, and the same shall bo reported forthwith to the Secretary of State.

(2.) The appointment of a Deputy Commissioner shall not be affected by any vacancy or change in the office of High Commissioner. High Commissioner's Court.

12. There stall be a court styled Her Britannic Majesty's High Commissioner's Court for the Western Pacific (in this Order referred to as the High Commissioner's Court). 13. The members of the High Commissioner's Court shall bo the High Commissioner, the Judical Commissioners, and the Deputy Commissioners. Assessors. 14. An Assessor, under this Order shall be a competent and impartial British subject, of good repute, nominated and summoned by the High Commissioner's Court to act as Assessor therein. (2.) An Assessor shall not have any voice in the decision of the Court in any case, criminal or civil. (3.) But an Assessor dissenting, in a criminal case, from any decision of the Court, or from the sentence, or dissenting, in a civil case, from any decision of the Court., may record in the minutes of proceedings his dissent, and the grounds thereof.

(4.) An Assessor dissenting shall be entitled to receive, without payment, a certified copy of the minutes. Officer*.

15. Subject to the directions of the Secretary of State, the High Commissioner may from time to time appoint such and so many persons to he Registrars, Clerks, Bailiffs, Interpreters, and other officers of the High Commissioner's Court, and prescribe their duties, as he thinks fit, and subject as aforesaid, may remove from ottico any porson so appointed. (2.) Any Registrar of the Court, and any other officer of the Court designated in this behalf by the High Commissioner, shall have power to administer oaths and take affidavits, declarations, and affirmations.

Seal. 16. The High Commissioner's Court shall have a seal hearing the Btylo of the Court and such device as the Secretary of State from time to time approves. Jurisdiction. 17. All Her Majesty's jurisdiction, exerciseablc in the Western Pacific Islands, in criminal and civil matters, shall, subject and according to the provisions of this Order, be vested in and oxercisod by the High Commissioner's Court.

18. Tho whole jurisdiction and authority of the High Commissioners Court may, subject and according to the provisions of this Order, bo exercised by the High Commissioner or by a Judicial Commissioner, while he (the High Commissioner or Judicial Commissioner) is either in the Western Pacific Islands or in Fiji. 19. The whole or any part of the juri< diction and authority of tho High Commissioner's Court, for or in respect of any dietriot or part of the Westom Pacific Islands, may, subject and according to the provisions of this Order, be exercised by a Deputy Commissioner, being authorized by the terms of his i appointment to act for and in respect of that district or part, and being within that " district or part." (2.) Tho term " the district" "or the particular district," in this Order means the particular district or part for and in respect of which a Deputy Commissioner is so authorized to act, and in which the proceeding in question is pending or is intended to be taken.

20. Each member of the High Commissioner's Court oxcreisiirg for the time being, the jurisdiction and authority thereof in conformity with this Order, shall, for the purposes of this Order, be deemed to form the High Commissioner's Court.

(2.) The term "the Court" in this Order incrndes and applies to every member so exercising jurisdiction or authority.

21. Where a "British subject charged with an offence committed on tho sea, or in any havon, river, creek, or place within the jurisdiction of the Admiralty, is found or brought within tho Western Faeifk fclnnds, the Court shall have power to tako cognisance of the offciee. (2.) The Court shall havo the like jurisdiction anil authority and the like pro dings shall subject, and according to the limitation expressed in Article ::i, l>o had in respect of the charge, as if the chargo were lor an otlencu committed within the Western' Pacific Islands. 22. Subject to tho other provisions of

aioal ud :■;■' j l. -.-■ln'■■■.>::> s.xor '««.fe in the V,\--.>r:i Pacific Islands shall, as far as circumstances admit, be exercised on the principles of and in conformity with the Statute and other law for the time being iu force in and for England, and with the powers vested in and according to the OODrte of procedure and practice observed by a':J before the Courts of Justice and Justices of the Peace in England, accoiding to their respective jurisdiction and authorities. Part IV.—Criminal Matters. Criminal Lair as in England, 23. Except as regards acts declared by this Order to Iks offences against this Order, any act that would not by a Court having criminal jurisdiction in England l>e deemed an offence, making the person doing the act amenable to punishment in England, shall not, in the exercise of criminal jurisdiction under this Older, be deemed an offence, making the person doing the act amenable to punishment. Ojfenres against Treaties.

li. The High Commissioner shall by virtue of this Order have power and authority to make, from time to time, in the name and on behalf of Her Majesty by writing under his hand and olfioial seal, such Regulations as to him seem fit for the government of British subjects by enforcing the observance by them of t e stipulations of any Treaty between Her Majesty and any King, Chief, or other authority in the Western Pacific Islands, and for securing the maintenati e (as fai as regards the conduct of British subjects; of friendly relations between British subjects and those authorities and persons ] subject to them.

(2.) The Regulations may define offences against the same; and acts thereby defined to be offences are hereby declared to be offences against this Order; and the Regulations may impose a punishment for any such offence, as follows: (l) Imprisonment for any term not exceeding three months, with or without hard labor, and with or without a money penalty not exceeding ten pounds; or (u) a money penalty alone, not exceeding ten pounds, without any imprisonment; and (m; in case of a continuing offence in addition to any such punishment by imprisonment or a money penalty, or both, as aforesaid, a money penalty, not exceeding in any ease ten shillings for eacli day during which the offence continues after the day of the commission of the original offence.

(3.) The Regulations shall be so framed as in every case to allow of part only of thomaximum punishmentbeing adjudged. (4.) The Regulations shall be published in the Royal Gazette of Fiji; and they shall be printed, and a printed copy thoreof shall he affixed and at all times kept exhibited conspicuously, at each Court-house.

(5.) Printed copies shall be sold at such price as the High Commissioner directs. (6.) Until Regulations have been so affixed, and have been for one month kept so exhibited, at the Court-house of a district, no act done in that district shall be deemed to be an offence against the Regulations. (7.) For the purpose of a prosecution, and for all other purposes, a copy of the Royal Gazette of Fiji, publishing suoh Regulations, or a printed copy of an instrument purporting to be such Regulation, that copy purporting to be certified as a true copy under the hand and official seal of the High Commissioner, shall be conclusive evidence of the Regulations. Ordrrs of Prohibition and Removal.

25. Where it is fhowrl by evidence on oath, to the satisfaction of the High Commissioner, that any British subject is disaffected to Her Majesty's Govern nent, or has committed or is about to commit an offonce against the Pacifi ■ Ls!.iu !-n Protection Acts, 1872 and 1 f75, •• is otherwise dangerous to the peaoe and

good order of the Western Pacific Islands, the High Commissioner may, if ho thinks fit, by order under his hand and official seal, prohibit thai, person from being in the Western Paorne Ishitfds, within the limits specified in the order, during any time therein specified, not exceeding two years. (2.) If tho person named in tho order of prohibition fails to obey, or acts in contravention of tho order—

(i.) He shall l>e guilty of an offence against this Order, and, on conviction thereof, shall be liable to imprisonment for any time not exceeding two years, without •prejudice to the operation of the order of prohibition; (ii.) Whether the offender has been convicted of, or imprisoned, for that offence or not, the High Commissioner moy, if be thinks fit, by order under his hand and official seal, authorize and direct that ho be taken iuto custody, and bo removed in custody to some place named in tho onlcr of removal, being a place in tho Western Pacific Islands, beyond the limits specified in the order of prohibition; (iii.) Tho offender shall bo taken into custody and removed accordingly, and in such removal, force may no used, if necessary, and ho shall be discharged from such custody at tho place named in tho order of removal.

(3.) An appeal shall not lie under this Order against an onlcr of prohibition or removal.

(+.) The High Commissioner, by order of his hand and official seal, may from

time lo time vary any order of prohibition (not extending the duration thereof), and may revoke any aiim of prohibition or removal

(.">.) The High Commissioner shall forthwith report to the Secretary .if state every Older made by him under this artiole, and the grounds thereof, and the proceedings thereunder. Deportation.

2G. (i) Where it is proved that there is reasonable ground to apprehend that a British subject is about to commit a breach of the public peace or is about to commit an offence against the Pacific Islanders Protection Acts 1H72 and 1875 —or that the acts or conduct of a British subject are or is likely to produce or excite to a breach of the public peace,— the Court may, if it thinks lit for reasons recorded in the minutes, cause him to he brought before it, and require him to •live security to the satisfaction of the Court to keep the peace, or for his future good behaviour, as the case may require ; (ii) Where a British subject is convicted of an offence before the Court, the Court may, if it thinks fit, require him to give security to the satisfaction of the Court for his future good behaviour, and for that purpose may (if need he) cause him to be btought before the Court; In either of these cases, if the person required to give security fails to do so, the Court may, if it thinks fit, order th.it lie he deported from the Western Pacific Islands to a place named in the Order. (2.) The place shall be either in Fiji or in some other part of Her Majesty's Dominions out of the United Kingdom, the Government whereof have consented to the reception therein of persons deported under this Order. (3.) A Judicial Commissioner or Deputy .Commissioner making an order of deportation shall forthwith report to the High Commissioner the order, and the grounds thereof, and the order shall not bo carried into execution without the direction of the High Commissioner hv writing under his hand, and official seal. (4.) The person to be deported shall ho detained in custody until a fit opportunity for his deportation occurs. (5.) He shall, as soon as is practicable, and in the case of a person convicted, either after the execution of the sentence, or while it is in course of execution,— be embarked in custody, under the warrant of the High Commissioner, on board one of Her Majesty's vessels of war, or, if there is no such vessel available, then on board any British or other fit vessel bound to the place of deportation.

((!.) The warrant shall bo sufficient authority to the commander or master of the vessel to receive and detain the person therein named, and to carry him to and deliver him up at the place named, according to the warrant. (7.) The Court may order the person to be deported to pay all or any part of the expenses of his deportation. Subjoct thereto, the expenses of doportation shall be defrayed as the expenses relating to the distressed British subjects are defrayed, or in such other mnnner as the Secretary of State from time to time directs.

(8.) The High Commissioner shall forthwith report to the 'Secretary of State every order of deportation made under this Order, and the grounds thereof and the proceedings thereunder. (9.) An appeal shall not lie under this Order against an order of deportation.

(10.) If any person deported under this Order returns to the Western Pacific Islands without permission in writing of the Secretary of State (which permission the Secretary of State may givo), ho shall be deemed guilty of an offence against this Order, and shall for every such offence be liable to imprisonment for any term not exceeding one month, with or without hard labor, and with or without a money penalty not exceeding ten {jounds, or to a money penalty not exceeding twenty pounds alone, (11.) He shall' also be liable to bo forthwith again deported under the original order, and a fresh warrant of tho High omtniss on r. Extent qf PunUhmenc. 27. The Court, by a Judicial Comis«iorior, shall, (subject and without prejudice to the other provisions of this Order) have power to adjudge any such punishment as any Court of criminal jurisdiction in England has for the timo being power to adjudge. (2.) The Court, by the High Comissioner or a Deputy Commissioner, shall (subject and without prejudice to the other provisions of this Order) have power to adjudge punishment as follows, but no furthor or otherwise, namely: (I.) Imprisonment for any term not excocding twelvo months, with or without hard labor, and with or without a money penalty not excocding fifty pounds ; or (li.) A money penalty not exceeding fifty pounds, without any imprisonment; and (in.) In caso of a continuing offence, jn addition to any such pimishmont by imprisonment or a money penalty, or both, as aforesaid, a money penalty not exceeding in any caso one pound for each day during which tho offence continues after tho day of tho commission of the original offence. M(xk of Trial. 28. Where the offence charged is treason or murder, the charge shall bo triable by a Judicial Commissioner, with Assessors, and not Otherwise; and the prmonce of at least two Assessors throughout the trial shall be IndUpcouble (2.) In each of the following nines, viz. : (i.) Whw' the otieui'i.. (•'• •• :;., mini-

i slaughter, or assault endangeriny life f»i arson or lion n-broakiiie Where it appear; to the Court at any time before the trial, that th. offenei- charged, if proved, would not be adequately punished by a sentence cither of imprisonment for three months, with hard labor, or of ft money penalty of twenty pounds, the charge shall he triable with Assessors, and not otherwise. (3.) Where this Order does not make a charge triable with Aasesors, it shall be triable by summary trial without Assessors. (4.) Where a charge is tried by summary trial, without Assessors, the punishment adjudged shall not exceed that specified in this Article. Time of Examination ami Trial. 29. Where a ]>erson, subject to the criminal jurisdiction of the Court, is oharged with an offence on summons or warrant issuing out of the Court, he shall he brought before the Court within forty-eight hours after service of the summons or execution of the warrant, unless in an}' case circumstances unavoidably prevent his being brought before the Court within that period, which circumstances shall be recorded in the minutes. (2.) In every case, ho shall be brought before the Court as soon after the expiration of that period as circumstances reasonably admit, and the time and circumstances shall be recorded in the minutes.

30. Whera the accused is ordered to be tried before thc.Court, with Assessors, he shall be tried as soon after the making of the order as circumstances reasonably admit.

(2.) As long notice of the time of trial as circumstances reasonably admit shall be given to him in writing, under the seal of the Court, which notice shall be recordcred in the minutes. Interrogation of accused. 31. At the trial of an accused person, cither by summary trial, or otherwise on a charge for an offence committed within the Western Pacific Islands, not within the jurisdiction of the Admiralty, the Court may, if it thinks fit, from time to time, at any stage of the proceedings, without previously warning the accused, put such questions to him as the Court thinks necessary or proper for arriving at the truth respecting the charge, and his answers shall be evidence on the charge.

(2.) No oath shall be administered to the accused.

(3.) No question shall be put to him except by the Court. ' (4.) No question shall be put to him, and no answer shall he received from him, other thiiii questions and answers bearing immediately on the charge. (5.) A question shall not be put to him, and an answer shall not be received from him, prejudicially affecting or likely to prejudicially affect, any person othor than the parties to tho charge. (G.) The interrogation of the accused by the Court shall not be regarded by the Court as in the nature of a crossexamination, but shall be conducted so to allow of tho acensed making a full statement of what ho desires to be taken as the truth of the matter.

(7.) If the accused refuses to answer, or answers falsely, any question put to him by the Court, he shall not he liable criminally for so doing, but the Court may draw therefrom such inference as it thinks just. 32. No influence by promise or threat or otherwise shall be used to the accused to induce him to answer any question or to make any statement.' 33. The provisions of Articles 31 and 32 shall extend and apply to a preliminary examination where the trial is to be before the Court.

34. In case of a preliminary examination, the whole interrogation of the accused by the Court, including every question put to him and every answer received from hira, shall be recorded in full, and shall bo read over to him ; and he shall he at liberty to oxplain or add to his answers or statements.

(2.) When the whole has been conformable to what the accused declares to he the truth, he shall sign it, if he will. (3.) In every caso the Deputy Commissioner shall certify it under his hand and the seal of tho Court.

(4.) It will be brought before the Court and shall he evidenco on tho trial. 35, Tho provisions of Articles 31. 32 and 34, shall extend and apply to trials, preliminary examinations, and other proceedings under this Order in the Supreme Court, either original or on appeal. Remand. 3G. When an accused person is in custody, he shall not be remanded at any time for more than seven days, unless circumstances npjiear to tho Court to make it necessary or proper that ho should be remanded for a longer time, which circumstances, and the timo of remand, shall be recorded in the minutes.

(2.) In no case shall a remand be more than fourteen days at a time.

37. Every accused, person tatty be admitted by the Court to bail at any stage of the proceedings. (2.) Where tho oifonce charged is treason or murder, the High Commissioner ur a Judicial Commissioner shall alone have power to admit to bail. (3.) Where the offence charged is one of the following, it shall bo in the discretion of the Court to admit the accused to bail or not, according to the circumutauces, —namely:

Felony (noi l«inp murder): Assault withlntent to oommit felony AiUupt in oommll felony | "• i I .1- piatioi) of jvrinrv

tin- Cuitrt in the exccati «hk duty, or •'» any penon aettaj! i" his aid. Neglect or broach "f duty m a constable or officer of the Court. i4i In all other cm*» the Court «h«U admit the aecuaed to bail unto* '" au . v instance, tin' Court, having regard to the circumstances, sew good ration to the contrary, which reason -shall l>c recorded in the minute*. (;">.) The High Commissioner or n Judicial Commissioner may, if hfl thinks fit, admit to bail a penon charged before a Deputy < 'ommissioner with any offence, although the Deputy Cc the exorcise of his disci.... thought fit to admit the accused to hail.

(TO BK CONTINUED.)