11.
Section 6 of this Ordinance re-enacts section 7
of Ordinance No. 3 of 1865.
10
5.
6.
Section 8 repeals Ordinance No. 3 of 1865.
On further
A draft bill was forwarded to the Secretary of State
under cover of Mr. Southorn's despatch of the 13th September,
1928, and was further elucidated in his despatch of the
27th November, 1928. The Secretary of State in his
despatch of the 24th April, 1929 agreed, with certain
reservations to the introduction of the bill.
consideration, however, it was decided to omit clauses
4, 7, 9, 11 and 12 of the draft bill, and they are not
included in the present Ordinance. With regard to clauses
4, 7, 9 and 11, it was felt that it would be dangerous
to make convictions in our courts depend, as they have
depended to some extent, on the practice and law of a
country where at present the line between political and
non-political offences is drawn less clearly than in
English law and practice. Experience in Chinese
extradition cases in our courts also points to another
objection, i.e., the frequent difficulty of obtaining
evidence from comparatively remote parts of the interior
and the impossibility in many cases of testing such
evidence. With regard to clause 12, it was considered not
clear that the first part would be intra vires the local
legislature, and it was thought that the second part of the
was
clause/by itself unnecessary.
7.
In my opinion this is an Ordinance to which His
Excellency the Governor may properly
of His Majesty and on His behalf.
assent in the name
Attorney General.
ス
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