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**CHINESE EXTRADITION.**
[No. 7.
of the
659
3. 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 force at the commencement of this Ordinance.
4. 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 demanded is one of a political character or if he proves, to the satisfaction of the Magistrate, or of a Judge of the Supreme Court, if brought before 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 extradition 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 conviction 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 surrendered unless an engagement is given by the Chinese Government that he shall not, until he has been restored or had an opportunity of returning 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.
5. Every fugitive criminal who is in the Colony 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 commencement of this Ordinance and whether there is or is not any concurrent jurisdiction in any Court in the Colony over that crime.
6. Whenever a requisition for the surrender of a fugitive criminal who is in or suspected of being in the Colony is made to the Governor by some officer of the Chinese Government, the Governor may, by order under his hand and seal, signify to a Magistrate that such requisition has been made, and require him to issue his warrant for the apprehension of the fugitive criminal.
7. A Magistrate, on receipt of the said order, shall issue his warrant for the apprehension of the fugitive criminal, or, if the fugitive criminal...