112076-1927-Supplementary-Bill-read-a-first-time--Chinese-Extradition-Amendment — Page 4

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but "to proceed in conformity with the provisions" of the Extradition Acts. Paragraph (b) of clause 4 of the bill, therefore, amends section 6 of the principal Ordinance so as to give the Governor express power to adopt a similar practice. Ou the question of the English practice Reg. v. Weil (1882) 9 Q.B.D. 701, may be referred to. It should be noted that, in view of Re Iu Ki Shing (1908) 3 H.K.L.R. 20, the magistrate's warrant of apprehension will still be necessary if the fugitive criminal is in custody only on some other ground and not under the principal Ordinance. Paragraph (c) of clause 4 of the bill makes a technical amendment in the marginal note to section 6 of the principal Ordinance.

10. Section 12 of the principal Ordinance gives the Governor power to band over the fugitive criminal after the necessary judicial proceedings to such person as the Governor considers. to be authorised to receive him on behalf of the Chinese authorities". Clause 5 of the bill amends this section so as to give the Governor authority to hand over the fugitive criminal to such person as the Governor considers to be authorised to receive him on behalf of "the Chinese authority to whom the Governor considers that he should be surrendered". The reason for this alteration is the same as that given in paragraph 7 above.

11. Clause 7 of the bill adds two new sections to the principal Ordinance. The new section 19 provides that a certificate by the Colonial Secretary shall be conclu- sive evidence on any question relating to any declaration, opinion, or discretion which the Governor is authorised by the Ordinance to make, form, or exercise, respectively. The new section 20 provides that the liability of the fugi- tive criminal to be surrendered shall not be affected by any change in the actual "Chinese authority.

12. Clause 8 of the bill makes two alterations in Form No. 1 in the Second Schedule to the principal Ordinance, which is the form of order by the Governor to the magis- trate. Paragraph (a) of that clause requires the insertion in the order of a reference to the province or territory within the jurisdiction of which the extradition crime is alleged to have been committed. This seems advisable because the Governor will have to issue a declaration in each case to the effect that the requisitioning authority has been declared by him to be or to represent the person or persons actually exercising authority in the province or territory within the jurisdiction of which the extradi- tion crime is alleged to have been committed. The order and the declaration will thus be connected with the requisition. Paragraph (1) of clause 8 of the bill alters the form of order so as to make it agree with the new form of section 6 of the principal Ordinance.

13. Clause 9 of the bill makes it clear that the new procedure will apply to the case of crimes committed before the commencement of the amending Ordinance.

29th September, 1927.

J. H. KEMP,

Attorney General.