CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12] — Page 276

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

273

The object of this ordinance

face, with

to

B

the Governor of Hong Kong of the duties imposed upon him the Imperial Extradition Act 1870,

by

of lating the prelimi

"nary Examination

of

Witnesses in Extradition

cases

a

duty which

in

England devolves

on Police Magistrate.

2. It appears to Legco Commission that the Imperial

Act places the

Governor

of the Colony in

an

invidious and disagreeable

position.

The is

called upon to preside

at a legal inquiry

and to decide questions

between contending

Counsel or

Attorneys

and in his "Magisterial capacity his committal

of a prisoner is liable to be overruled

and set aside on

Habeas Corpus by

the

Supreme Court. It would be more

seemly

and convenient

to sever the Judicial from the Executive

functions in all

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273The object of this ordinanceface, withtoBthe Governor of Hong Kong of the duties imposed upon him the Imperial Extradition Act 1870,byof lating the prelimi"nary ExaminationofWitnesses in Extraditioncasesaduty whichinEngland devolveson Police Magistrate.2. It appears to Legco Commission that the ImperialAct places theGovernorof the Colony inaninvidious and disagreeableposition.The iscalled upon to presideat a legal inquiryand to decide questionsbetween contendingCounsel orAttorneysand in his "Magisterial capacity his committalof a prisoner is liable to be overruledand set aside onHabeas Corpus bytheSupreme Court. It would be moreseemlyand convenientto sever the Judicial from the Executivefunctions in all
Baseline (Original)
273The object of this ordenanceface, withtoBthe Governor of Hong Kong of the duties imposed upon him the Imperial Extradition Act 1870,byof lating the prelimi"nary ExaminationofWitnesses in Extractitioncasesaduty whichinEngland devolveson Police Magistenter.2. It offean to Lego Cornasion that the ImperiatAct places theGovernorof the Colony inatainvidions and disagreeablepositionposition.The iscalled upon to presideat a legal inquingand to decide questionsbetween contendingCounsel orAttorneysand in his "Magisterial capacity his committalof a pusoner is liable to be overratedand set aside onHabeas Corpus bytheSupreme Court.. nhis Lonchege axuden would be moreseemlyand convenientto sever the Sudicial from the Executivefunctions in all
2026-05-21 04:09:25 · Baseline
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273

The object of this ordenance

face, with

to

B

the Governor of Hong Kong of the duties imposed upon him the Imperial Extradition Act 1870,

by

of lating the prelimi

"nary

Examination

of

Witnesses in Extractition

cases

a

duty which

in

England devolves

on Police Magistenter.

2. It offean to Lego Cornasion that the Imperiat

Act places the

Governor

of the Colony in

ata

invidions and disagreeable

position

position. The is

called upon to preside

at a legal inquing

and to decide questions

between contending

Counsel or

Attorneys

and in his "Magisterial capacity his committal

of a pusoner is liable to be overrated

and set aside on

Habeas Corpus by

the

Supreme Court.. n

his Lonchege axuden would be more

seemly

and convenient

to sever the Sudicial from the Executive

functions in all

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