CO129-219 Foreign Office 1884 — Page 382

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

331

that decision; for even if it could be admitted that a Colonial ordinance might modify the application of an Imperial Treaty, they do not find that Ordinance II of 1850 referred to in Y.d's despatch of Oct: 18, confers on the Colonial Executive any judicial functions, or any power to review the decision of a magistrate; & they are advised that according to the Extradition Act of 1870, the magistrate having committed the prisoners, it only remained for the Governor to issue the usual warrant of surrender required in extradition cases.

The Chinese Authorities contend I are advised that even had the Governor in Council been invested by the local ordinance with such powers H.E. could not legally receive fresh

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331 that decision; for even if it could be admitted that a Colonial ordinance might modify the application of an Imperial Treaty, they do not find that Ordinance II of 1850 referred to in Y.d's despatch of Oct: 18, confers on the Colonial Executive any judicial functions, or any power to review the decision of a magistrate; & they are advised that according to the Extradition Act of 1870, the magistrate having committed the prisoners, it only remained for the Governor to issue the usual warrant of surrender required in extradition cases. The Chinese Authorities contend I are advised that even had the Governor in Council been invested by the local ordinance with such powers H.E. could not legally receive fresh
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331 that decision; for even if it c? be admitted that a Colonial ordinance might modify the application of an Imperial Treaty, they do not find. that ordinance II of 1850 referred To ui y.d's despatch of Oct: 18, Confers on the Colonial Executive any judicial fructions, or any power to triew the decision of magistrate; & they are advised that according to the Extradition Act the Act of 1870, the magistrate having Committed the prisoners, it only remained for the Governor to issue the usual warrant Surrender required in extradition Cases. 2oly The Chinese Author conteud I are advised that even had the Governor in Council been livested by the leal ordinance with such powers HE. c ? not legally receive fresh
2026-06-22 10:09:48 · Baseline
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331

that decision; for

even

if it c?

be admitted that a Colonial ordinance

might modify the application of an

Imperial Treaty, they do not find. that ordinance II of 1850 referred

To ui y.d's despatch of Oct: 18,

Confers

on the Colonial Executive

any judicial fructions, or any

power to triew the decision of

magistrate; & they

are advised

that according to the Extradition

Act

the

Act

of 1870,

the magistrate having

Committed the prisoners, it only

remained for the Governor to issue

the usual warrant

Surrender

required in extradition Cases.

2oly The Chinese Author conteud

I are advised that even had the

Governor

in Council been livested

by the leal ordinance with such

powers HE. c ? not legally receive

fresh

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