112010-1927-Supplementary-Draft-Bill--Chinese-Extradition-Amendment — Page 1

488

LEGISLATIVE COUNCIL.

Draft Bill.

No. S. 255.-The following bill, which it is intended to introduce at the meeting of Legislative Council to be held on the 13th October, is published for general information.

C.S.O. 2570/21.

[No. 14:---5.10.27.—3 ]

A BILL

Short title.

Ordinance

INTITULED

An Ordinance to amend the Chinese Extradi-

tion Ordinance, 1889.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Chinese Extra- dition Amendment Ordinance, 1927, and the Chinese No. 7 of 1889. Extradition Ordinance, 1889, and this Ordinance may be cited together as the Chinese Extradition Ordinances, 1889 and 1927.

Amendment

of Ordinance

No. 7 of 1889,

Amendment

2. Section 2 of the Chinese Extradition Ordinance, 1889, is amended as follows:-

-

(a) The definition of "Chinese Government

repealed and the following definition is substi- inted therefor :--

<<

(a) Chinese authority means any person declared by the Governor to be or to represent the person or persons actually exercising author- ity in any province or other territory which, in the opinion of the Governor, forms or at any time has formed part of the Republic of China.

(b) The following definitions are added immediately

after the definition of "Fugitive criminal":—

(d) "Jurisdiction of China ” includes the juris- diction of any Chinese authority as defined in paragraph (a),

(e) "Subject of China means every person who, not being a national of any other state, possesses Chinese nationality,

3. Paragraph (3) of section 4 of the Chinese Extradi-

66

of Ordinance tion Ordinance. 1889, is amended by the repeal of the No. 7 of 1889,

words the Chinese Government in the second line .8 4.

thereof and by the substitution therefor of the words

Amendment

L

· the Chinese authority to whom he is to be surrendered.”

4. Section 6 of the Chinese Extradition Ordinance, No. 7 of 1889, 1889, is amended as follows :---

of Ordinance

s. 6.

Amendment of Ordinance

No. 7 of 1889,

s. 12 (1).

(6) The words “some officer of the Chinese Govern- ment" in the third and fourth lines thereof are repealed, and the words "a Chinese authority" are substituted therefor.

(6) The words “", or otherwise to proceed in conformity with the provisions of this Ordinance." are inserted immediately after the word "criminal” in the seventh line thereof,

(c) The words " for warrant of apprehension in the

marginal note thereto are deleted.

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".

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