CO129-505-10 Chinese Extradition Ordinance 1927- proposed amendments 14-7-1927 - 2-11-1927 — Page 70

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Consulate works of reference such as "Hertslet's Commercial

Treaties".

3.

Section 6 of the ordinance states that "When-

ever a requisition for the surrender of a fugitive criminal who is in or suspected of being in the Colony is made to the Governor by some officer of the Chinese Government, the Governor may, by order under his hand and seal, signify to a Magistrate that such requisition has been made, and require him to issue his warrant for the apprehension of the fugitive criminal". From this it would appear that it is not for the magistrate but for the Governor to decide, for the purposes of this ordinance, who are the Chinese Government. There is

nothing in the ordinance which allows the magistrate to question the Governor's ruling on this point, and the Governor's sole responsibility in this connection is further emphasized in Section 12, which provides for the surrender of the criminal "to such person as the Governor considers to

be authorized to receive him on behalf of the Chinese

authorities". This, moreover, is only reasonable, as in the

absence of any legal definition of the term "Chinese Government", the question remains a political and diplomatic one, which it is not within the competence of a judicial

officer to decide.

4.

If then, as I suggest, the Governor is

entrusted by the ordinance with the duty of deciding what

authority is entitled to requisition for the surrender of a fugitive criminal, it will be impossible for the defending counsel to raise the point in Court. The magistrate would

refer him to the Governor's order, from which there is no

appeal in law.

5.

1

But if I am wrong, and it is the Court which

must decide what is meant by the words "Chinese Government"

in

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