CO129-505-10 Chinese Extradition Ordinance 1927- proposed amendments 14-7-1927 - 2-11-1927 — Page 84

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810125.

dealing with the point, I shall be grateful for a copy

an it is not contained in any of the Consulate worka

of reference such as "Hertaleta Commercial Treatiea'.

3. Section 6 of the ordinance taten that "hen-

ever a requisition for the surrender of a fugitive

criminal who in in or aumected of being in the Colony

is made to the Governor by some officer of the Chinese

Goverment, the Governor may, by order under his

hand and seal, signify to a Magistrate tant such re-

quisition has been made, and require him to iaque his

warrant for the apprehensiễn of the fugitive criminal

From tnia it would appear that it is not for the magia-

trate but for the Governor to decide, for the purposes

of this ordinanes, who are the Chinese Lovermant.

There is nothing in the ordinance which allows the

marintrate to quantion the Governor's ruling on this

moint, 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

pergon as the Governor considers to be authorized to

receive him on behalf of the whinese authorities”.

This, moreover, is only reasonable, as in the absence

of any legal definition of the term "Chinese Goverimoat“

the question remaina 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 i entrusted

by the ordinance with the duty of deciding what auto-

rity is entitled to raquiaition for the surrender of

a fugitive