Enclosure 1.
No. 7.-[28.8.95.]
425
the enclosed Draft of
a
Bill pro- Enc. !
viding for the extradition of Fugi=
tive Criminals
from the territory
the British. North Bornce Com=
28th Augh. 10% With 3 sp re
Copies!
of
pany together with a
copy of the
Eve 2
29th Augh 1898
in which I concur.
Attorney General's remarks thereon,
I regret that this mattr
has not been dealt with earder.
I have the honour to be,
Liv
Your most obedient
humble servant,
William Robinigy
)
A BILL
ANTITLED
An Ordinance to provide for the extradition of Fugitive Criminals from the Territory of the British North Borneo Company.
WHEREAS persons who have committed certain
crimes or offences within the Territory of the British North Borneo Company may escape to this Colony and it is expedient to provide for the apprehension of such fugitive criminals from Justice and for their surrender to the Government of British North Borneo in order that they may be dealt with according to law: Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as The North Borneo Extradition Ordinance, 1895.
2. In the interpretation of this Ordinance and the schedules thereto the following expressions shall, unless repugnaut to or inconsistent with the context, have the meaning berein- after assigned to them, viz. **
"Governor of North Borneo" means the Governor of
the Territory of the British North Borneo Com pany and includes the person for the time being administering the Government of such Territory. "North Borneo" means the Territory of the British
North Borneo Company.
Extradition Crime" means any crime or offence which if committed in the Colony would be one of the crimes or offences mentioned in the first schedule hereto.
"Fugitive Criminal” means any person accused or convicted of an extradition crine committed with- in the jurisdiction of North Borneo who is or is suspected of being in the Colony of Hongkong. The extradition crimes mentioned in the first schedule to this Ordinance shall be construed according to the law in force in the Colony at the date of the alleged extradition crime.
Provided always that the Governor of Hongkong in Council may from time to time by order to be published in the Gazette declare that any crime or offence specified in such order and not included in the first schedule hereto shall form part thereof, and frem and after the date of the publication of such order the crime or offence specified therein shall come within the operation of this Ordinance as if the same had been originally included in the said schedule, and further that the Governor of Hongkong in Council may at any time by order to be published in the Gazette declare that any crime or offence specified in the first schedule hereto or which may hereafter be added to the said schedule as hereinbefore provided shall no longer form part thereof and from and after the date of the publi cation of such order such crime or offence shall cease to come within the operation of this Ordinance.
3. The following restrictions shall be observed with respect to the surrender of fugitive criminals :--
(i) A fugitive criminal shall not be surrendered if the crime or offence in respect of which his surrender is demanded is one of à political character or if be prove to the satisfaction of the Magistrate, or of a judge of the Supreme Court, if brought before the Court on a writ of Habeas Corpus, or of the Governor that the requisition for his surrender has in fact been made with a view to try or punish him for a crime or offence of a political character or for a crime or offence which is not an extradition crime.
(ii) A tugitive criminal, who has been accused of a crime or offence in Hongkong not being the extradition crime for which his surrender is demanded, or who is undergoing sentence under any conviction in the Colony, shall not be sur- rendered until after he has been discharged whether by acquittal or on expiration of his sentence or otherwise.
Títla.
Preamble.
Short Jitte
Interpreta-
tion.
Power to abel or expunge froto the nchedale of
crimes and offeroes.
Restrictions
on wartendent.
C. O.
17676
REC
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