CO129-275 - Governor Sir Robinson - 1897 [1-5] — Page 523

515

Proclaimedent injore, brom

gth Mr. 1889.

ORDINANCE No. 26 OF 1889.

Chinese Extradition.

No. 26 OF 1889.

An Ordinance enacted by the Governor of Hong- kong, by and with the advice and consent of the Legislative Council thereof, to amend the law relating to the Extradition of Chinese Criminals.

LS

G. WILLIAM DES VEUX.

[3rd July, 1889.] HEREAS by Article XXI. of the Treaty between

Her Majesty and the Emperor of China done at Tientsin on the 26th June, 1858, it was agreed and con- cluded that if criminals, subjects of China, shall take refuge in Hongkong, or 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; and whereas it is expedient to amend the law for the more effective carrying out of the said treaty in relation to the surrender of criminals, subjects of Chinn, who take refuge in Hongkong, or on board the British ships there: Be it enacted by the Governor of Hongkong by and with the advice and consent of the Legislative Council thereof, as follows:---

1. This Ordinance may be cited for all purposes as The Chinese Extradition Ordinance, 1889.

2. Ordinances No. 2 of 1850 and No. 2 of 1871 are bereby repealed, but such repeal shall not affect anything done or suffered or any proceedings for the surrender of a criminal commenced under the said Ordinances or either of them before the coming into operation of this Ordinanco and such proceedings may be completed and the criminal surrendered us if this Ordinance had not come into opera- tion.

3. In this Ordinance unless repugnant to or inconsistent with the context the term Extradition Crime shall mean a crime which if committed in the Colony would be one of the crimes mentioned in the First Schedule bereto and the term Fugitive Criminal shall mean any subject of China accused of an extradition crime committed within the jurisdiction of China or ou board a Chinese ship ou the ligh Seas, who is or is suspected of being in Hongkong or on board a British ship there.

The crimes mentioned in the First Schedule to this Ordinance shall be construed according to the law in forco in the Colony at the date of the alleged crime.

T110.

Preamble.

Short title.

Repeal.

Interpreta-

tion.

All crimes jure picuum.