Amily
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10.17 of 1927 0.32 of 1935
Bo. 7 of 1889
An Ordi:anoe to mend the law relating to the extrválŝion
of Chinese criminalse
(9th Nove:ber, 1889)
Part title.
Interrotad 202.
First Gobecile
Application of te Ordinance
notmetions 01 ALTO der of fugitive orizainal.
6
GDERSAB by Article XXI of the Treaty between iær viajesty and the
ingeror of China done at Tientalɛ on the 26th day of Jus, 1858, it was agreed and concluded that if originals, mbjects of Ciára shall take refuge in Hong Kong or on board the ritish ships the the, shall, upon due requisition by the Chinese authorities, be searched for, and, on proof of their guilt, be delivered up: AND NEKAS 1t is expedient to mound the law for the more effcotive carrying out of the said Treat; in relation to surrender of oriziml», majoots of China, who take refuge in Tiong Kong or on board the Tritish sdps there--
1. This Crđirande ma Ordinance, 1069,
7. In this Ordinance,
oited as the Chinese xtradition
"Udnese authority" moana any person declared by the Gove:nor to be or to represent the person or persona sotually exercising suthority in any province or other territory which, in the opinion of the Governor, forms or at any time has formed part of the
epublic of China,
ndition caine" means a orine which, if oɑritteă în tir Colony, woxald be one of the crimes nautioned in tim First chedule.
(0) "Fugitivo ori:inal" monns any national of drána sevused of an axtradition orims coʻråtted within the jurisdiction of China or on boam a Ginaso dip on the high soas, who is or is suspected of being in Song Fang or on board a Britis: ship there.
(c) "Juriallotion of diam" imiuios the juriadiation of any Chinese autority at defined in paragragh (a).
(a) "ational of Gidna" zenne every person who, not being national of any other state, poscosmes didinese nationality.
Ähe drinsa mantioned in the said noht ule shall be constru@Cİ nocording to law in force in the Colony at the date of the allegadi
Crile.
all apply to the surrender of
3. The provisions of this (rdinance oriminale under any future arrange ant that may be do by Is No with Chine with respect to the mirrender of fugitive eriminals, as well as to their azre dar under any treat in force at the this Oli raroe,
nt of
4. The fal owing restrictions shall be observed with respect to the surender of fugitive criminals:-
(1)
fgitive cricinal spall not be surenderod if, the offe:oe in rea; out of wich his surrender is donardod is one of a political charecti or if he proves, to the satisfɑokion of the magistrate, or of a judge if brought before the court on a writ of inbeas corpus, or of the JOWETTOT, t'at the requisition for his murgo: er has in fnot bem, made 4th » vie:
to try or punânh hàm for an offc:ce of a political oʻmuseter or for an offerde vida: le not an axtamdition erine;
As scended by 2o. 17 of 1927 (2.10.27).
6 as amended by c. 17 of 1927 (21.10.87).