CO129-505-10 Chinese Extradition Ordinance 1927- proposed amendments 14-7-1927 - 2-11-1927 — Page 22

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Amendment of Ordinance No. 7 of 1889, s. 12 (1).

Amendment

of Ordinance No. 7 of 1889, s. 18,

2

(c) The words "for warrant of apprehension

marginal note thereto are deleted.

" in the

5. Section 12 (1) of the Chinese Extradition Ordinance, 1889, is amended by the repeal of the words "the Chinese authorities" in the tenth line thereof and by the substitu- tion therefor of the words "the Chinese authority to whom the Governor considers that he should be surren- dered ".

6. Section 18 of the Chinese Extradition Ordinance, 1889, is amended by the substitution of the words "national of China" for the words "subject of China" in the third line thereof.

7. The following sections are inserted in the Chinese Extradition Ordinance, 1889, immediately after section 18 thereof

Insertion of new sections 19 and 20 in Ordinance No. 7 of 1889. Evidence.

Amendment of Ordinance No. 7 of 1889, Second Schedule, Form No. 1.

Application

of Ordinance No. 7 of 1889

as amended by this Ordinance.

Liability to be sur rendered

not to be affected

19. A certificate under the hand of the Colonial Secretary shall, upon production and without proof of the signature or any other proof, be conclusive evidence in any proceedings on any question relating to any declaration, opinion, or discretion, which the Governor is authorised by this Ordinance to make, form, or exercise, respectively.

20. A fugitive criminal shall be liable to be surrendered under and in accordance with the provisions of section 12 althongh the crime of which he is accused may have been committed by change within the jurisdiction of a Chinese authority of Chinese other than the Chinese authority by whom the authority. requisition was made, or other than the Chinese authority to whom he is to be surrendered, and although the Chinese authority to whom he is to be surrendered is not the Chinese authority by whom the requisition was made.

8. Form No. 1 in the Second Schedule to the Chinese Extradition Ordinance, 1889, is amended as follows :-

""

(a) The words "namely the province (or, territory)

of

are inserted immediately after the words “within the jurisdiction of China”. (b) The words " or otherwise to proceed in con- formity with the provisions of the Chinese Ex- tradition Ordinance, 1889." are added imme- diately after the words "to issue a warrant for the apprehension of such fugitive".

"

9. The Chinese Extradition Ordinance, 1889, as amended by this Ordinance, shall apply to every fugitive criminal for whose surrender requisition is made after the commencement of this Ordinance, whether the crime of which he is accused is alleged to have been committed before or after such commencement.

Passed the Legislative Council of Hong Kong, this 27th day of October, 1927.

E. W. HAMILTON,

Deputy Clerk of Councils.