File 959/1914 Pt 2 'Abyssinia: Order in Council. Recovery of maintenance charges of prisoners convicted in Abyssinia and confined in Aden District Prison.' [‎438r] (801/878)

[53 & 54 Vict.] Foreign Jurisdiction Act, 1890.
[Ch. 37.]
competent witness whose evidence he deems material for his A.D. 1890.
defence and whom he alleges himself nnable to produce at the —'
trial in the British possession :
{b.) 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 he 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:
{d.) 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, 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 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, he 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 pi •ovision us
foreign country has been sentenced by that court to suffer death,
penal servitude, imprisonment, or any other punishment, the 0 f persons
sentence shall be carried into effect in such place as may be convicted,
directed by Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. or be determined in accordance with
directions given by Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , and the conviction and
sentence shall he 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.
Q