THE EXTRADITION ACTS.
Now, THEREFORE, Her Majesty, in pursuance of the Extradition Act, 1870, and in exercise of the power in that behalf in the said Act contained doth by this present Order, by and with the advice of Her Majesty's Privy Council, direct that the said Extradition Ordinance (Hongkong), 1875, shall have effect in the Colony of Hongkong, without modification or alteration, as if it were part of the Extradition Act, 1870.
ACT OF 1870—33 & 34 VICT., c. 52.
An Act for amending the law relating to the Extradition of Criminals.
[9th August, 1870.]
WHEREAS it is expedient to amend the law relating to the surrender to foreign States of persons accused or convicted of the commission of certain crimes within the jurisdiction of such States, and to the trial of criminals surrendered by foreign States to this country :—
1. This Act may be cited as the Extradition Act, 1870.
Short title.
arrangement
2. Where an arrangement has been made with any foreign State with respect to the surrender to such State of any fugitive criminals, Her Majesty may, by Order in Council, direct that this Act shall apply in the case of such foreign State.
Where made, Order in Council to apply Act.
Her Majesty may, by the same or any subsequent Order, limit the operation of the Order and restrict the same to fugitive criminals who are in or suspected of being in the part of Her Majesty's Dominions specified in the Order, and render the operation thereof subject to such conditions, exceptions, and qualifications as may be deemed expedient.
Every such Order shall recite or embody the terms of the arrangement, and shall not remain in force for any longer period than the arrangement.
Every such Order shall be laid before both Houses of Parliament within 6 weeks after it is made, or if Parliament be not then sitting, within 6 weeks after the then next meeting of Parliament, and shall also be published in the London Gazette.
3. 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 prove to the satisfaction of the Police Magistrate or the Court before whom he is brought on habeas corpus, or to the Secretary of State, 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 ;
on surrender of criminals.