CO129-505-10 Chinese Extradition Ordinance 1927- proposed amendments 14-7-1927 - 2-11-1927 — Page 19

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be necessary if the fugitive criminal is in custody only on

acme other ground and not under the principal Ordinance.

Paragraph (c) of section 4 makes a technical amendment in the

marginal note to section 6 of the principal Ordinance.

Paragraphs (b) and (c) of section 4 are new, as are also the

remaining sections referred to below.

14.

Section 12 of the principal Ordinance gave the Governor

power to hand over the fugitive criminal after the necessary

judicial proceedings to such person as the Governor considered

to be authorised to receive him on behalf of" the Chinese

authorities".

Section 5 of the present Ordinance amends

this section sc as to give the Governor authority to hand over

the fugitive criminal to such person as the Governor considers

to be authorised to receive him on behalf of "the Chinese

authority to whom the Governor considers that he should be

surrendered". The reason for this alteration is the same

as that given above in paragraph 11 of this report.

15. Section 7 of the present Ordinance adds two new sections

to the principal Ordinance. The new section 19 provides

that a certificate by the Colonial Secretary shall be conclu-

-sive evidence on any question relating to any declaration,

opinion, or discretion which the Governor is authorised by the

Ordinance to make, form, or exercuse, respectively. The new

section 20 provides that the liability of the fugitive crimi -

-nal to be surrendered shall not be affected by any change in

the actual "Chinese authority",

16.

Section 8 of the present Ordinance makes two alterations

in Form No. 1 in the Second Schedule to the principal Ordinance

which is the form of order by the Governor to the magistrate.

Paragraph (a) of that section requires the insertion in the

Order of a reference to the province or territory within the