1640
No. 4 of 1903.
Power to add from the schedule of extradition crimes.
MALAY STATES EXTRADITION.
Provided always that the Governor-in-Council may by order declare that any crime or offence specified in such order and not included in the 1st schedule shall form part thereof, and the crime or offence specified therein shall come within the operation of this Ordinance as if the same had been originally included in the said schedule. Provided, also, that the Governor-in-Council may by order declare that any crime or offence specified in the 1st schedule or which may hereafter be added to the said schedule shall no longer form part thereof, and such crime or offence shall cease to come within the operation of this Ordinance.
Restrictions on surrender of fugitive criminal.
* 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 crime or 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, 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 a crime or offence of a political character or for a crime or offence which is not an extradition crime; and
(2) A fugitive criminal, who has been accused of a crime or offence in Hongkong, not being the extradition crime for which his surrender is demanded, or who is undergoing sentence under any conviction in this Colony shall not be surrendered until after he has been discharged, whether by acquittal or on expiration of his sentence or otherwise.
Liability of 4. Every fugitive criminal shall be liable to be apprehended and fugitive criminal to be surrendered in the manner provided by this Ordinance, whether the surrendered. extradition 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 this Colony over that crime.
Requisition to the 5. Whenever the requisition for the surrender of a fugitive Governor and criminal is made to the Governor by the British Resident in any Malay State the Governor may, by order under his hand and seal,
order to Magistrate for warrant.
* As amended by No. 12 of 1912 and No. 13 of 1912.
§ As amended by No. 13 of 1912.
§ As amended by No. 8 of 1912 and No. 12 of 1912.