β¨ 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.) 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.
- 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.) 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.
- 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.
- 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.
- 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.
- 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.) "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,
Next Page →
β¨ LLM interpretation of page content
ποΈ Publication of Articles detailing High Commissioner's powers and judicial procedures
ποΈ Governance & Central AdministrationLegislation, 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
NZ Gazette 1879, No 117