19
be necessary if the fugitive criminal is in custody only on
acme other ground and not under the principal Ordinance.
Paragraph (c) of section 4 makes a technical amendment in the
marginal note to section 6 of the principal Ordinance.
Paragraphs (b) and (c) of section 4 are new, as are also the
remaining sections referred to below.
14.
Section 12 of the principal Ordinance gave the Governor
power to hand over the fugitive criminal after the necessary
judicial proceedings to such person as the Governor considered
to be authorised to receive him on behalf of" the Chinese
authorities".
Section 5 of the present Ordinance amends
this section sc as to give the Governor authority to hand over
the fugitive criminal to such person as the Governor considers
to be authorised to receive him on behalf of "the Chinese
authority to whom the Governor considers that he should be
surrendered". The reason for this alteration is the same
as that given above in paragraph 11 of this report.
15. Section 7 of the present Ordinance adds two new sections
to the principal Ordinance. The new section 19 provides
that a certificate by the Colonial Secretary shall be conclu-
-sive evidence on any question relating to any declaration,
opinion, or discretion which the Governor is authorised by the
Ordinance to make, form, or exercuse, respectively. The new
section 20 provides that the liability of the fugitive crimi -
-nal to be surrendered shall not be affected by any change in
the actual "Chinese authority",
16.
Section 8 of the present Ordinance makes two alterations
in Form No. 1 in the Second Schedule to the principal Ordinance
which is the form of order by the Governor to the magistrate.
Paragraph (a) of that section requires the insertion in the
Order of a reference to the province or territory within the