17
9.
The persons who might be surrendered under the princi-
-pal Ordinance were "any subject of China accused of an ex-
- tradition crime committed within the jurisdiction of China
or on board a Chinese ship on the high seas" : see para-
-graph (a) of section 2 of the principal Ordinance. The
present constitutional condition of China makes it necessary
to define the term "jurisdiction of China". This is done
by paragraph (c) of section 2 of the present Ordinance which
defines the term in question as including the jurisdiction
of any Chinese authority as defined above in paragraph 8 of
this report.
10.
•
Another definition is also added by paragraph (c) of
section 2 of the present Ordinance j.e a definition of the
term "National of China", which is defined as meaning
11 every
person who, not being a national of any other state, possesses
Chinese nationality". Paragraph (b) of section 2 of the
present Ordinance substitutes this new term for the term
"subject of China" in the definition of "Fugitive criminal"
in section 2 of the principal Ordinance, and section 6 of the
present Ordinance makes a similar amendment in section 18 of
the principal Ordinance.As explained above in paragraph 4
of this report the term "national of China" was adopted in
deference to the views of H.B.M. Minister.
11. Paragraph (3) of section 4 of the principal Ordinance
provided that a fugitive criminalshould not be surrendered
unless a certain engagement had been given "by the Chinese
Government". Section 3 of the present Ordinance amends
that paragraph so as to provide that the engagement must be
given by "the Chinese authority to whom he is to be surrend-
The term 11 Chinese authority" is substituted for
the term "Chinese Government" for the reasone given above.
The reference to "the Chinese authority to whom he is to be
surrendered",
-ered".