513
F. Section 12 (1) of the Chinese Extradition Ordinance, Amendment 1889, is amended by the repeal of the words "the Chinese of Ordinance
No. 7 of 1889, anthorities in the tenth line thereof and by the substitu- s. 12 (1). tion therefor of the words "the Chinese authority to whom the Governor considers that he should be surren- dered ".
6. Section 18 of the Chinese Extradition Ordinance, Amendment 1889, is amended by the substitution of the words of Ordinance "national of China" for the words “subject of China" No. 7 of 1889,
in the third line thereof.
s. 18.
7. The following sections are inserted in the Chinese Insertion of Extradition Ordinance, 1889, immediately after section 18 new sections thereof :-
Evidence.
Liability to be sur rendered
not to be
19 and 20 in Ordinance
19. A certificate under the band of the No. 7 of 1889. 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 anthorised by this Ordinance to make, form, or exercise, respectively.
20. A fugitive criminal shall be liable to be surrendered under and in accordance with the provisions of section 12 although the crime of affected which he is accused may have been committed by change within the jurisdiction of a Chinese authority of Chinese other than the Chinese authority by whom the authority, requisition was made, or other than the Chine-e authority to whom he is to be surrendered, and although the Chinese authority to whom he is to be surrendered is not the Chinese authority by whom the requisition was made.
8. Form No. 1 in the Second Schedule to the Chinese Amendment
of Ordinance Extradition Ordinauce, 1889, is amended as follows :——
No. 7 of 1889,
(a) The words "namely the province (or, territory) Second
are inserted immediately after Schedule, within the jurisdiction of China”.
of
the words
1
"
(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”.
Form No. 1.
9. The Chinese Extradition Ordinance, 1889, as Application amended by this Ordinance, shall apply to every fugitive of Ordinance criminal for whose surrender requisition is made after the No. 7 of 1889 commencement of this Ordinance, whether the crime of by this which he is accused is alleged to have been committed Ordinance. before or after such eommunicacement.
as amended
Objects and Rensons.
L. The main object of this bil is to remove certain doubts that have arisen in the construction of the Chinese Extradition Ordinance, 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.
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3. In section 2 of that Ordinance Chinese Govern- ment is defined as incinding the Viceroy or other officer Doubt has arisen administering a Provincial Government.
as to the applicability of this phrase to the present govern-
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