✨ Text of Legislation




1879.] THE NEW ZEALAND GAZETTE. 1621

(5.) Copies of the regulations shall be sold at such
price as the High Commissioner directs.
(6.) The regulations shall, as soon as practicable,
be published in the Royal Gazette of Fiji, and be
printed separately.
(7.) The High Commissioner on making regula-
tions shall forthwith report them to the Secretary of
State.
(8.) Every regulation shall, unless approved by
the Secretary of State, cease to be in force at the
expiration of eighteen months from the making
thereof, except as regards things done and rights
and liabilities accrued and incurred thereunder before
the expiration of that time, and the institution and
prosecution thereafter of any proceeding, civil or
criminal, in respect of any such thing, right, or
liability.
(9.) The High Commissioner may at any time, in
manner aforesaid, revoke or alter any regulation;
and the Secretary of State may at any time direct the
revocation of any regulation.

  1. (1.) The last foregoing article is hereby substi-
    tuted for Article 24 of the principal order.
    (2.) But all regulations made under Article 24 of
    the principal order, before the commencement of this
    order, shall remain in force as if this order had not
    been passed, subject to be revoked or altered by the
    High Commissioner, and so that they shall, unless
    approved by the Secretary of State before or after
    the commencement of this order, cease to be in force
    at the expiration of twelve months from the com-
    mencement of this order, except as regards things
    done and rights and liabilities accrued and incurred
    thereunder before the expiration of that time, and
    the institution and prosecution thereafter of any pro-
    ceeding, civil or criminal, in respect of any such
    thing, right, or liability.

Deportation.

  1. Article 26 of the principal order shall be read
    and have effect as if the words "from the Western
    Pacific Islands" were omitted from the first para-
    graph thereof.

Extension of Judicial Power of High Commissioner.

  1. (1.) Notwithstanding anything in the principal
    order, the High Commissioner may, when at a place
    distant from his ordinary place of official residence,
    and in a case being, in his opinion, a case of urgency,
    and in the absence of a Judicial Commissioner, exer-
    cise so much of the jurisdiction and authority of the
    Court as is by Articles 27 and 28 of the principal
    order confined to a Judicial Commissioner.
    (2.) The High Commisioner shall forthwith make
    a special report to the Secretary of State in every
    case in which he exercises such jurisdiction and
    authority, setting forth therein the reasons for his
    proceedings.
    (3.) If in any case the sentence passed by the
    High Commissioner, under the authority of this
    article, is a sentence of death, it shall not be executed
    unless and until the High Commissioner has referred
    the minutes and notes of evidence in the case to the
    Chief Justice of Fiji, or if, in the opinion of the High
    Commissioner, by reason of the remoteness of the
    place or otherwise, a reference to the Chief Justice
    would be inconvenient, then to another Judicial
    Commissioner, being a barrister of ten years' stand-
    ing, and the Chief Justice or that other Judicial
    Commissioner has certified in writing to the High
    Commissioner his concurrence in the sentence.
    (4.) In every such case the High Commissioner
    shall postpone the execution of the sentence pending
    such reference, and shall commit the person convicted
    to prison for safe custody, or shall cause him to be
    detained in custody, and to be removed to any part
    of the Western Pacific Islands, or to Fiji, and to be
    there detained in custody pending such reference.
    (5.) Nothing in this article shall affect the right of
    appeal, or the power of the Court to reserve for the
    judgment of the Supreme Court any question of law
    or fact arising on a trial.
    (6.) Where there is such an appeal or reservation,
    a reference under this article to the Chief Justice of
    Fiji or another Judicial Commissioner shall not be
    made.

Confirmation of Sentence.

  1. Article 47 of the principal order shall be read
    and have effect as if the following two paragraphs
    were therein substituted for paragraph (2) thereof:β€”
    (a.) Where a sentence of a Judicial Commissioner
    is a sentence of death, and where a sentence of a
    Deputy Commissioner comprises imprisonment for
    nine months or upwards, or a fine of Β£25 or up-
    wards, -the sentence shall not be executed without
    the direction of the High Commissioner, by writing
    under his hand and official seal.
    (b.) In every such case the Court shall postpone
    the execution of the sentence pending the submission
    thereof to the High Commissioner, and shall, if neces-
    sary, commit the person convicted to prison for safe
    custody, or shall admit him to bail, and shall take
    security by recognizance, deposit of money, or other-
    wise, for his payment of any fine.
    (c.) In case there is, under Article 54 of the
    principal order, an appeal to the Supreme Court, or
    a reservation for the judgment of the Supreme Court
    of a question of law or fact arising on the trial, the
    sentence (if any) of the Supreme Court shall, for the
    purposes of this article, be deemed to be the sentence
    of the Judicial Commissioner or Deputy Commis-
    sioner before whom the trial was had.

Mitigation or Remission of Punishment; Pardon.

  1. The High Commissioner or the Secretary of
    State may, if he thinks fit, mitigate or remit any
    punishment adjudged by the Court.
    (2.) Nothing in the principal order, or this order,
    shall be deemed to affect Her Majesty's prerogative
    of pardon.
    (3.) This article is hereby substituted for Article
    48 of the principal order.

Appeal.

  1. Article 54 of the principal order, relating to
    appeals to the Supreme Court in criminal cases, and
    to the reservation for the judgment of the Supreme
    Court of questions of law or fact arising on criminal
    trials, shall not apply where the trial is had before
    the Chief Justice of Fiji as a Judicial Commissioner,
    if and as long as there is no Judge of the Supreme
    Court other than the Chief Justice.

Indemnity.

  1. Where, after the commencement of the prin-
    cipal order, and before the commencement of this
    order, any person has been erroneously tried and
    sentenced to imprisonment or other punishment for
    an offence committed before the commencement of
    the principal order, and the punishment has been
    discontinued as soon as practicable after the dis-
    covery of the error, all persons are hereby indemnified
    against, and discharged from, all actions, suits, indict-
    ments, and proceedings whatever in respect of such
    trial, sentence, and punishment, and in respect of
    any act precedent to or consequent thereon, done in
    good faith.

Fugitive Offenders.

  1. (1.) "The Fugitive Offenders Act, 1843," or
    so much thereof as is for the time being in force, and
    any enactment for the time being in force amending
    or substituted for the same, are hereby extended,


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1879, No 117





✨ LLM interpretation of page content

πŸ›οΈ Publication of Articles detailing High Commissioner's powers and judicial procedures

πŸ›οΈ Governance & Central Administration
Legislation, Order in Council, High Commissioner, Judicial Authority, Fiji, Western Pacific Islands, Deportation, Indemnity
  • High Commissioner
  • Secretary of State
  • Chief Justice of Fiji
  • Judicial Commissioner
  • Deputy Commissioner
  • Her Majesty