ion: 2508
Houghing 11th August 1870
Recaved
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August 1875-
The Attorney General- (The Hon the J. Braniston)
The Acting Colonial secretary (The Honth Cecil C. Smith)
Extradition Ordinance (amended) Submits draft of _ for the Surrender of Chinese Criminals
A
102 Tobey
75
An Ordinance enacted by the Governor of Hongkong, Title
with the advice of the Legislative Council thereof,
to amend the law relating to the Extradition of Chinese Criminals.
[
$
1875.] WHEREAS by article XXI of the treaty of Tientsin it is Preamble, agreed and provided that if criminals, subjects of China, shall take refuge in Hongkong, or on board the British ships there, they shall, upon due requisition by the Chinese authorities, be searched for and, on proof of their guilt, be delivered up; and whereas it is expedient to amend the law relating to the surrender of criminals, subjects of China, who take refuge in Hongkong, or on board the British ships there: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof,
as follows:-
I. This Ordinance may be cited as "The Chinese Extradition short title. Ordinance, 1875,"
262
II. The provisions of this Ordinance shall apply to the surren- The Ordinance der of criminals under any future arrangement that may be made to apply to by Her Majesty with the Emperor of China with respect to the future arran- surrender of fugitive criminals, as well as to their surrender under well as to any treaty that is in force at the date of the commencement of existing this Ordinance.
gements as
treaties.
III. The following restrictions shall be observed with respect Restrictions on to the surrender of fugitive criminals :---
surrender of
(1.) A fugitive criminal shall not be surrendered if the of- fence in respect of which his surrender is demanded is one of a political character, or if he prove to the satis- faction of the Magistrate, or of the Supreme Court if brought before it on habeas corpus, or of the Gover nor, 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 some of- fence within English jurisdiction not being the offence for which his surrender is asked, or is undergoing sen- tence under any conviction in the Colony, shall not be surrendered until after he has been discharged, whether by acquittal, or on expiration of his sentence, or other- wise.
IV. Every fugitive criminal, who is in Hongkong, shall be Liability of liable to be apprehended and surrendered in manner provided
criminals to ba
this Ordinance, whether the crime in respect of which the surren-surrendered.
der is sought was committed before or after the passing of this Ordinance, and whether there is or is not any concurrent jurisdic tion in any Court in the Colony over that crime.
by order to
V. Whenever a requisition for the surrender of a fugitive cri- Requisition to minal, who is in, or suspected of being in Hongkong, is made to the Governer the Governor by some officer of the Chinese Government, the may be followed Governor may, by order under his hand and seal, signify to a Magistrate for Magistrate that such requisition has been made, and require him warrant of to issue his warrant for the apprehension of the fugitive criminal, apprehension. VI. A Magistrate, on receipt of the said order, may issue his Duties of a warrant for the apprehension of the fugitive criminal, or, if the Magistrate criminal be already in custody, may issue his order to all neces- upon receipt of sary persons to bring the criminal before him to be dealt with such order. according to this Ordinance.
VII. A Magistrate may also issue his warrant for the appre- Magistrate hension of a fugitive criminal on such information or complaint may also issue as would, in his opinion, justify the issue of a warrant if the crime warrant as lu 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 an order sig nifying that a requisition has been made for the surrender of such criminal.
ordinary cases,
VIII. When a fugitive criminal is brought before a Magistrate, Hearing of the he shall hear the case in the same manner, and have the same case and evi- jurisdiction and powers, as near as may be, as if the prisoner dence of crime were brought before him charged with an indictable offence cum- mitted in the Colony.
The Magistrate shall receive any evidence which may be ten- dered to show that the crime of which the prisoner is accused, is an offence of a political character, or is not an extradition crime.
being politieal.
:
Enclosure in Administrator ) . Gardiner Austin, bespatét hr. 102 of 13th August 1878: