Enclosure.
Report by the Acting Attorney General.
C. O. 52/454
IREOP
REGE 18 APR 67
The offender whose rendition is applied for by the Viceroy of Canton is at present undergoing a sentence of penal servitude in Victoria Gaol.
According to p. 3 Section 3 of the Extradition Act 1890 –
"A fugitive criminal who has been accused of an offence within English jurisdiction not being the offence for which his surrender is asked, or is undergoing sentence under any conviction in the United Kingdom, shall not be surrendered until after he has been discharged, whether by acquittal or expiration of his sentence or otherwise."
This Act does not apply to rendition between this Colony and China, but I presume the Officer Administering the Government would act on the principle laid down in the Act. I submit however that the question might be considered whether the