112076-1927-Supplementary-Bill-read-a-first-time--Chinese-Extradition-Amendment — Page 1

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LEGISLATIVE COUNCIL.

No. S. 271.—The following Bill was read a first time at a meeting of the Council held on the 13th October, 1927 :-

C.S.O. 2570/21.

[No. 14-11.10.27.—4. j

A BILL

INTITULED

Short title.

Ordinance

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,

Amendment

of Ordinance

No. 7 of 1899, s. 2.

Amendment

1889 and 1927.

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

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(a) The definition of · Chinese Government is repealed and the following definition is substi- inted therefor:

(4) "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 Rej ublic of China.

(b) The definition of “Fugitive criminal" is amended

by the substitution of the words “pational of China" for the words “subject of China" in the first line thereof.

(c) The following definitions are added immediately

after the definition of Fugitive crimiual” :-

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

(+) "National 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- of Ordinance tion Ordinance, 1889, is amended by the repeal of the No. 7 of 1889, words "the Chinese Government" in the second line thereof and by the substitution therefor of the words “the Chinese authority to whom he is to be surrendered,”

.S 4.

Amendment

of Ordinance No. 7 of 1889, s. 6.

4. Section 6 of the Chinese Extradition Ordinance, 1889, is amended as follows :-

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(a) 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.

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(b) 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.