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7. Paragraph (3) of section 4 of the principal Ordinance provides that a fugitive criminal shall not be surrendered unless a certain engagement in the interests of the fugitive criminal is given "by the Chinese Government ". Clause 3 of the bill amends that paragraph so as to provide that the engagement must be given by "the Chinese authority to whom he is to be surrendered". The term Chinese authority" is substituted for the term Chinese Govern- ment for the reasons given above. The reference to "the Chinese authority to whom he is to be surrendered” is inserted because, by reason of some constitutional change, the actual authority at the time of the surrender might not be the same as the actual authority at the time of the requisition.
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8. Section 6 of the principal Ordinance requires the requisition to be made by some officer of the Chinese Government". Clause 4 of the bill amends that section so as to make it possible for the requisition to be made by any Chinese authority as defined above.
9. Section 6 of the principal Ordinance also provides that when the Governor has received a requisition he may, by order, signify to a magistrate that the requisition has been made, "and require him to issue his warrant for the apprehension of the fugitive criminal". The fugitive criminal may, however, already be in custody as such by virtue of a warrant issued by a magistrate under section 8 of the principal Ordinance before the receipt of the Governor's order. In such a case a second warrant of apprehension by the magistrate is obviously unnecessary and this is recognised by section 7 of the principal Ordi- nance. Section 7 of the Extradition Act, 1870, is similar on this point in its wording to that of section 6 of the principal Ordinance, and it appears that the practice in England, when a fugitive criminal is already in custody as such, is for the Secretary of State to issue his order to the magistrate, not to issue a warrant of apprehension, but to proceed in conformity with the provisions" of the Extradition Acts. Paragraph (6) of clause 4 of the bill, therefore, amends section 6 of the principal Ordinance so as to give the Governor express power to adopt a similar practice. On the question of the English practice Reg. v. Weil (1882) 9 Q.B.D. 701, may be referred to.. It should be noted that, in view of Re In Ki Shing (1908) 3 H.K.L.R. 20, the magistrate's warrant of apprehension will still be necessary if the fugitive criminal is in custody only on some other ground and not under the principal Ordinance. Paragraph (e) of clause 4 of the bill makes a technical amendment in the marginal note to section 6 of the principal Ordinance.
10. Section 12 of the principal Ordinance gives the Governor power to hand over the fugitive criminal after the necessary judicial proceedings to such person as the Governor considers to be authorised to receive him on behalf of the Chinese authorities". Clause 5 of the bill amends this section so as to give the Governor authority to hand over the fugitive criminal to such person as the Governor considers to be authorised to receive him ou behalf of "the Chinese authority to whom the Governor considers that he should be surrendered ". The reason for this alteration is the same as that given in paragraph 7 above.
11. Clause 6 of the bill adds to the principal Ordinance a new section 19 which provides that a certificate by the Colonial Secretary shall be conclusive evidence on any question relating to any declaration, opinion, or discretion which the Governor is authorised by the Ordinance to make, form, or exercise, respectively.
12. Clause 7 of the bill makes two alterations in Form No. 1 in the Second Schedule to the principal Ordinance, which is the form of order by the Governor to the magis- trate. Paragraph («) of that clause requires the insertion
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