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Extradition.
Extradition Ordinance 1889" (Ordinance 2 of 1889) which is the Ordinance at present in force regulating proceedings under the 21st Article of The Treaty of Tientsin, 1858.
The 21st Article of the Treaty of Tientsin, 1858 provides as follows :-
"If criminals, subjects of China, in Hong Kong shall take refuge on board the British ships there, they shall, upon due requisition by the Chinese Authorities, be searched for, and, on proof of their guilt, be delivered up."
It is obvious that in the absence of an Ordinance on the subject, the precise meaning of the words "criminals and proof of guilt" as used in the Treaty might give rise to difficulty.
Accordingly Ordinance 26 of 1889 defines "fugitive criminal", specifies in the schedule the various extradition crimes and, by section 11, requires such evidence to be produced as would justify the committal of the fugitive criminal for trial at the Supreme Court, if the crime of which he is accused had been committed in the Colony. The Ordinance in fact regulates fully, the procedure to be adopted in cases where extradition is applied for under the Treaty.
As the Ordinance was passed some months before I came to the Colony I was not present when it was introduced into the Legislative Council. I have, accordingly, referred to the reports in the local press as to what occurred in the Legislative Council at the time and I append to this report various extracts which show that the provisions of the Ordinance were very carefully considered before it was passed.
I observe the then Governor, Sir William Des Voeux made a statement...
503
exkadition.
Extradition. Ordinance 1889 " ( didivance 2 of 1889) which is the Ordinance at present. in force regulating procedings under the 21th Article of The Treaty of Tienhuis, 1858.
The 21th Article of the Treaty
of Ficutir. 1858 provider as follows :-
" If criminals, object of China,
e in Hong Kong
shall take refuge
"board the British ships there, they shall,
"
upor. due requisition by the Chinese Authorities, be searched for, and, o proof of their quilt, be delivered up!
It is obvious that in the
absence of an Ordinance on the ougject, Pre
"
precise meaning of the words "cri- minals and proof of quilt" as used in the Treaty might give rise to dif- ficulty
Soccordingly Ordinance 26
of 1889 defines "fugitive criminal"," specifies in the schedule the various
کو سکو
extradition crimes and, by sect on 11,
requirer
4.
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2
6.
requires such evidence to be produced as would justify the committal of the fugitive criminal for trial at the Supreme Court, if the crime of which
he is accused Bad been committed.
in the Colony. The Ordinance in fact regulates fully, the procedure to be adopted in cases where extradition is applied for under the "Treaty
As the Ordinance was,
< pas=
- sed some months before I came to
the Colony I was not prever was introduced into the Legislative Council. I have, accordingly, referred· to the reports in the local press us to what occurred in the Legislative Came : cil at the time and I append to this report various extracts which show
that the provisions of the Ordinance were very carefully considered before
s passed.
was not prevent when it
it was
I observe the then Governor
Sir William Des Voeux made a state-
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