CO129-347 - Governor Sir Lugard - 1908 [4-6] — Page 196

C. O.

19683

Enclosure 2.

Rec2

RAG 30 MAY 08

ATTORNEY GENERAL'S OFFICE

Hongkong, 23rd April

1908.

Report on Ordinance No.

5

of 1908.

I have examined the accompanying Ordinance, entitled

An Ordinance to amend the Chinese Extradition

Ordinance 1889

and I am of opinion that the Ordinance is one which is not contrary to

the Governor's Instructions

193

The Chinese Extradition Ordinance 1889 requires that a

fugitive criminal shall not be surrendered unless (inter alia) a

engagement is given by"the Chinese Government" that he shall not

detained or tried in China for any offence committed before his

render other than the extradition crime on which the surrender i

demanded.

The Full Court in a recent extradition case h express