CO129-453 - Acting Governor Claud Severn - 1919 [1-3] — Page 224

209

there

A

little confusion

44

pure at of

the desp. as" fal" furto the position wider the Extrada Acts whereas "(6) - "(2)" summarize

certain provons of the roa

(a) shi har han stalid us

CARACASE

So as to feet them frosition under the orde

14. "Extradition is confreed to offenen.

committed within the territory of

int clows not include offence

committed on the high send"

hor

luczucon has the 7.0. to See (fors (wrint for thematos

1

KSA.

tunc do

10/5/15

At once

A&E

10.5

N°

My Lord,

FO 5316/20

anial Office Despatch No.17) of 22nd June 1880. olonial Office Despatch No.8

of 24th January 1881. pornor's Despatch No.36 of

9th April,1881.

22695

14 PR.91

GOVERNMENT HOUSE.

HONGKONG. 10th. February, 1919.

With reference to the correspondence

noted in the margin, I have the honour to

674181

enquire whether there is any objection to

the repeal of the Macao Ertradition

Go/29/ Ordinance, 1881, Ordinance No. 1 of 1881.

12629/21.

2.

It will be seen from the correspondence

referred to above that the Macao Extradition Ordinance, 1881, was passed because at the time there was no extradition treaty between Great Britain and Portugal. When therefore the treaty of the 17th. October, 1892, had been concluded, and the Extradition Acts had been applied in the case of Portugal by the Order in Council of the 3rd. March, 1894, it would have been expected that the Hongkong Macao Extradition Ordinance, 1881, would have been repealed or suspended either under section 19 of the Ordinance or by a separate Ordinmce, Indeed it seems possible that section 19 of the Ordinance was inserted for this very purpose. No steps of this kind were, however, taken, though I am unaware of any reason why they should not have been taken.

3.

In a recent Macao extradition case the

Crow proceeded under the Imperial Acts, but the Full Court

decided on habeas corpus that extradition from Hongkong to

Macao is governed by the local Ordinance, which they hold to

have

THE RIGHT HONOURABLE

VISCOUNT MILNER, G.C.B..

"Ac..

&c. ..

&c..