THE HONGKONG GOVERNMENT GAZETTE, 11TH MAY, 1889.
3. In this Ordinance unless repugnant to or inconsistent with the context the term Extradition Crime shall mean a crime which if committed in the Colony would be one of the crimes mentioned in the First Schedule hereto and the term Fugitive Criminal shall mean any subject of China accused of an extradition crime committed within the jurisdiction of China or on board a Chinese ship on the High Seas, who is or is suspected of being in Hongkong or on board a British ship there.
The crimes mentioned in the First Schedule to this Ordinance shall be construed according to the law in force in the Colony at the date of the alleged crime.
4. The provisions of this Ordinance shall apply to the surrender of criminals under any future arrangement that may be made by Her Majesty with the Emperor of China with respect to the surrender of fugitive criminals, as well as to their surrender under any Treaty in free at the coming into operation of this Ordinance.
5. The following restrictions shall be observed with respect to the surrender of fugitive criminals :-
(1) A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is de- manded is one of a political character or if he prove to the satisfaction of the Magistrate, or of a judge of the Supreme Court, if brought be- fore the Court on a writ of Habeas Corpus, or of the Governor that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character or for an offence which is not an ex- tradition crime.
(2.) A fugitive criminal, who has been accused of an offence within British Jurisdiction not being an offence for which his surrender is demanded, or who is undergoing sentence under any convic- tion in the Colony, shall not be surrendered until after he has been discharged whether by acquittal or on expiration of his sentence or otherwise.
(3.) A fugitive criminal shall not in any case be sur- rendered unless an engagement is given by the Chinese Government that he shall not until he has been restored or had an opportunity of re- turning to Her Majesty's Dominions be detained or tried in China for any offence committed before his surrender other than the extradition crime on which the surrender is demanded.
6. Every fugitive criminal, who is in Hongkong, shall be liable to be apprehended and surrendered in manner provided by this Ordinance, whether the crime in respect of which the surrender is demanded was committed before or after the passing of this Ordinance, and whether there, is or is not any concurrent jurisdiction in any Court in the Colony over that crime.
7. Whenever a requisition for a surrender of a fugitive criminal, who is in, or suspected of being in Hongkong, is made to the Governor by some officer of the Chinese Government, the Governor may, by order under his hand and scal, signify to a Magistrate that such requisition bas heen made, and require him to issue his warrant for the apprehension of the fugitive criminal.
8. A Magistrate, on receipt of the said order, shall issue his warrant for the apprehension of the fugitive criminal, or, if the fugitive criminal be already in custody shall issue his order to all necessary persons to bring the fugitive criminal before him to be dealt with according to this Ordinance.
9. A Magistrate may also issue bis warrant for the apprehension of a fugitive criminal on such information or complaint as would, in his opiniou, justify the issue of a warrant if the crime had been committed in the Colony.
A fugitive criminal apprehended on a warrant so issued shall be discharged by the Magistrate, unless the Magistrate within such time as, with reference to the circumstances of the case,
he shall think reasonable, receives from the Governor au order signifying that a requisition has been made for the surrender of such fugitive criminal.
Interpreta- tion.
All crimes jure gentium.
Application of Ordinance.
Restrictions on surrender.
Liability to be surrendered.
Requisition to the Governor Day be followed by order to Magistrale for warrant of apprehension.
Duties of a Magistrate upon receipt of such order.
Magistrate
may also issue wartant as in ordinary caSES
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