CO129-505-10 Chinese Extradition Ordinance 1927- proposed amendments 14-7-1927 - 2-11-1927 — Page 96

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

No 328.

Sir,

RECEIVED

18 AUG 1927 COL.OFFICE

302091

GOVERNMENT HOUSE,

HONGKONG.

14th July, 1927.

95

I have the honour to address you on the

subject of a proposed amendment of the Chinese Extradition

Ordinance No.7 of 1889.

2.

In 1921, during the course of proceedings

against certain Chinese subjects whose extradition was sought

by the Canton Authorities, counsel for the fugitives

challenged the validity of the requisition on the ground that its maker, Chan Kwing Ming(), then Civil

Governor under Dr. Sun Yat Sen's regime, was not appointed

by the Peking Government and had in fact been proclaimed a

rebel against that Government. This legal point was not

decided because the case went off on the facts; but the argument seemed so likely to succeed, if pressed to an issue, that the Canton Authorities ceased for the time being to

apply for extradition from Hong Kong.

Duftb LO ! 8 AUG 19

0. 2419:27

Enclo. No. 1.

3.

At the same time, it was obvious that the position was highly unsatisfactory. Hong Kong does not wish to harbour extraneous criminals, still less to afford an

argument in support of the constantly-repeated charge that foreign footholds in China are the refuge of China's rogues. An Ordinance (revised copy enclosed) was therefore drafted

giving the Governor of Hong Kong power to recognise as a

THE RIGHT HONOURABLE

LIEUTENANT COLONEL L.C.M.S.

&C.,

&C.,

AMERY, M.P.,

&c.

valid

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