2. As the law stands at present, a requisition for the extradition of a fugitive criminal who is a subject of China, is required to he made by "some officer of the Chinese Government", and a fugitive criminal cannot be surrendered unless a certain engagement is given by the "Chinese Government". (Sectious 6 aul 4 (3) of the Chinese Extradition Ordinance, 1889).
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3. In section 2 of the Ordinance Chinese Govern- ment" is defined as including the Viceroy or other officer administering a Provincial Government.
1. Doubt has arisen as to the applicability of this phrase to the present goverminent of the province of Kwong Tung, as it might be argued thar a provincial government which does not admit the authority of the Central Govern- ment which was intended by the principal Ordinance is not a provincial government within the meaning of the Ordinance. It is therefore considered advisable to amend the Ordinance so as to remove the above doubt.
5. By clause 2 of the bill the definition of "Chinese Government" is repinced by a definition of “Chinese authorities", which, as it happens, in the term used in the Treaty of Tientsin. The clause also provides consequen- tial definitions of "Jurisdiction of China" and "Subject of China".
6. The definition of Chinese authorities" in clause 2 includes any person recognised by the Governor for the purposes of the principal Ordinance as representing the government of the Republic of China or as representing the government actually exercising authority in any pro- vince or other territory which, in the opinion of the Governor, forms or at any time has formed part of the Republic of China. The definitions of "Jurisdiction of Cleina" and "Subject of China” are cousequential on the above definition and are largely based on it.
7. Clanses 3 and 4 of the bill make consequential amendments in sections 4 (3) and section 6, respectively, of the principal Ordiuance,
J. H. KEMP,
Attorney General.
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