F
little check on such applications.
There has been a good
deal of delay and trouble recently in these extradition cases, but it seems to me that this is caused in a great measure by the want
of proper care in producing the necessary witnesses.
I
to have se (signed) J. Russell.
Report by the Acting Attorney General. (Copy)
394
The practice relating to the surrender to China of fugitive
Criminals under
the XXI article of the Treaty of Peking is regulated by Ordinance No 2 of 1850 which had been passed for carrying out the Treaties between Great Britain and China and which by Ordinance No 7 of 1871 has been declared to apply to the later Treaty of Tientsin. According to that Ordinance the Magistrate may
under the circumstances mentioned
in Section 2 issue his warrant
for apprehension of the
the arrest and apprehension
accused and is to investigate the alleged
crime or
offence.
if such persons
crime or
offence
in the
were
charged with a
Committed in the
Colony. Section III provides that if at the close of the investigation it shall appear to the Magistrate that the
accused is a
subject of China and.
their