27673
198
By section 14 of The Extradition Act, 1870, and section 4 of The Extradition Act, 1873, depositions, statements on oath and affirmations, taken in a foreign State, and copies of such original depositions, statements or affirmations may, if duly authenticated, be received in evidence in proceedings under these Acts. This is so even when such depositions are taken in the absence of the accused and without his having had the opportunity of cross-examination. See Exparte Conobaye L. R. 8 Q. B. 410.
Hitherto the practice, in this Colony, under The Chinese Extradition Ordinance, 1889, differing from the ordinary practice, has excluded depositions taken in China from being received in evidence, and there can be little doubt that, in some cases, Chinese criminals who have fled to this Colony have escaped extradition owing to the expense and difficulty of procuring the attendance in Hongkong of witnesses from China to prove every technical point required to be proved by the English Law of Evidence.
Now, while it is important to provide against any abuse of the reception of depositions in evidence, there is no reason why Chinese, who commit extradition crimes in China, should be encouraged immediately to betake themselves to Hongkong, by the comparative immunity they enjoy in this Colony, owing to the expense and difficulty of obtaining the proof requisite to obtain their extradition. The matter has formed the subject of correspondence with the British Consul and has been carefully considered not only in the Colony but by the Authorities in England.
It is clear that depositions should be received, if proper safeguards can be provided against abuse. The safeguards provided by the Ordinance are as follows:-
(1) Depositions will be received only in certain cases, namely, in those of the serious crimes specially enumerated in the Ordinance.
(2) The depositions must be taken in the presence of the British Consul or his deputy in the Consular Service, and his certificate, as mentioned in the Ordinance, must accompany them. This ought to secure their bona fides as well as some regard for the elementary principles of English evidence in such documents.
(3) Depositions will not be admitted where the accused has resided more than six months in this Colony. This will ensure the due protection of Chinese residents in Hongkong, while it will facilitate the extradition of offenders who fly to this Colony fresh from the commission of crimes of violence in China, and swell the ranks of our criminal classes.
during the period of 6 months immediately prior to the date it has been before the magistrate
(Signed) W. Meigh Goodman,
Attorney General.
27673
198
By section 14 of The Extradition Act, 1870, and section 4 of The Extradition Act, 1873, depositions, statements on oath and allirınations, taken in a foreign State, ami copies of such original depositions, statements or affirniations may, if duly authenticntèl, be received in evidence in proceelings under these Aets. This is so even when such depositions are taken in the absence of the acensed and without his having had the opportunity of cross-examination. Sec Exparte Conobaye L. R. 8 Q. R. 410. litherto the prac tice, in this Colony, under The Chinese Extradition Ordinance, 1889, differing from the ordinary practice, has excluded depositions taken in China from being received in evidence, and there can be little doubt that, in some cases. Chinese criminals who have fled to this Colony have escaped extradition owing to the expense and difficulty of procuring the attendance in Hongkong of witnesses from China to prove every technical point required to be proved by the English Law of Evidence. Now, while it is import- ant to provide against any abuse of the reception of deposi- tious in evidence, there is no reason why Chinese, who commit extradition crimes in China, should be encouraged immediately to betake themselves to Hongkong, by the comparative immunity they cujoy in this Colony, owing to the expense and difficulty of obtaining the proof requisite to obtain their extradition. The matter has formed the subject of correspondence with the British Consul and has beet enrefully considered not only in the Colony but by the Authorities in England. It is clear that depositious should he received, if proper safeguards can be provided against abuse. The safeguards provided by the Ordinance are us follows:-
(1) Depositions will be received only in certain cases, namely, in those of the serions crimes specially. enumerated in the Ordinance.
(2) The depositions must be taken in the presence of the British Consul or his deputy in the Consular Service, and his certificate, as mentioned in the Ordinance, must accompany them. This ought to secure their bona fides as well as some regard for the elementary principles of English evidence in such documents,
(3.) Depositions will not be admitted where the accused has resided more than six months in this Colony This will ensure the due protection of Chinese residents in Hongkong, while it will facilitate the extradition of offenders who fly to this Colony fresh from the commission of crimes of violence in China, and swell the ranks of our criminal classes.
- during the period 12 henthe immediately prom to the date it has king
ti magistrate
Manght higher
my
(Sq.) W. Meigh Goodman,
Attorney General.
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