112010-1927-Supplementary-Draft-Bill--Chinese-Extradition-Amendment — Page 2

·

489

6. The following section is inserted in the Chinese Insertion of Extradition Ordinance, 1889, immediately after section 18 new section thereof :-

Evidence.

19. A certificate under the hand of the Colonial Secretary shall, upon production and without proof of the signature or any other proof, be conclusive evidence in any proceedings on any question relating to any declaration, opinion, or discretion, which the Governor is authorised by this Ordinance to make, form, or exercise, respectively.

19 in Ordi- nance No. 7 of 1889.

7. Form No. 1 in the Second Schedule to the Chinese Amendment Extradition Ordinance, 1889, is amended as follows:-

of Ordinance No. 7 of 1889,

(a) The words “ namely the province (or, territory) Second

of

are inserted immediately after

the words “within the jurisdiction of China”.

(4) The words ", or otherwise to proceed in con- formity with the provisions of the Chinese Ex- tradition Ordinance, 1889. are added imme- diately after the words to issue a warrant for the apprehension of such fugitive".

Schedule, Form No. 1.

Objects and Reasons.

1. The main object of this bill is to remove certain doubts that have arisen in the construction of the Chinese Extradition Ordinanec, 1889.

2. As the law stands at present, a requisition for the extradition of a fugitive criminal who is a subject of China, is required to be made by "some officer of the Chinese Government", and a fugitive criminal cannot be surrendered unless a certain engagement is given by the "Chinese Government"; see sections 6 and 4 (3) of the Chinese Extradition Ordinance, 1889.

יי

3. In section 2 of that Ordinance Chinese Govern- ment is defined as including the Viceroy or other officer administering a Provincial Government. Doubt has arisen as to the applicability of this phrase to the present govern- ment of the province of Kwong Tung, as it might be argued that a provincial government which does not admit the authority of the central government which was con- templated by the Ordinance is not a provincial government within the meaning of the Ordinauce. It is therefore considered advisable to amend the Ordinance so as to remove the above doubt.

"Chinese

4. Accordingly, the bill substitutes the termi authority for the term "Chinese Government" through- out. The new term "Chinese authority is defined by paragraph (a) of clause 2 of the bill as meaning "any person declared by the Governor to be or to represent the person or persons actually exercising authority 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 ”.

"

5. The persons who may be surrendered under the principal Ordinance are any subject of China accused of an extradition crime committed within the jurisdiction of China or on board a Chinese ship on the high seas" sce paragraph (a) of section 2 of the principal Ordinance. The present constitutional condition of China makes it necessary to define the term jurisdiction of China”, This is done by paragraph (6) of clause 2 of the bill which defines the term in question as including the jurisdiction of any Chinese authority as defined above.

66

6. Another definition is also added by paragraph (b) of clause 2 of the bill, .e., a definition of the term subject of China", which is defined as meaning "every person who, not being a national of any other state, possesses Chinese nationality ".

*