560016-1928-Extradition-Act-1870--Kenya-Ordinance-brought-into-operation — Page 1

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 21, 1928. 559

No. 676. The following Order of His Majesty in Council, which appeared in the London Gazette of the 6th November, 1928, is published for general information.

21st December, 1928.

E. R. HALLIFAX,

Colonial Secretary.

W

AT THE COURT AT BUCKINGHAM PALACE,

THE 1ST DAY OF NOVEMBER, 1928.

PRESENT:

THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

THEREAS by Section 18 of "The Extradition Act, 1870," it is among other things enacted, that if by any law made after the passing of the said Act by the legislature of any British possession, provision is made for carrying into effect within such possession the surrender of fugitive criminals who are in, or suspected of being in, such British possession His Majesty may, by the Order in Council applying the said Act in the case of any foreign state, or by any subsequent Order, either

suspend the operation within any such British possession of the said Act, or of any part thereof so far as it relates to such foreign state, and so long as such law continues in force there and no longer;

or direct that such law or ordinance or any part thereof shall have effect in such British possession, with or without modifications and alterations, as if it were part of the Act:

And whereas by an ordinance enacted by the legislature of the Colony of Kenya, the short title of which is "The Extradition Ordinance, 1928," it is provided that all powers vested in and acts authorised or required to be done by a Police Magistrate or any Justice of the Peace in relation to the surrender of fugitive criminals in the United Kingdom under the Extradition Acts, 1870 and 1873, are thereby vested in and may in the Colony be exercised and done by any Magistrate holding a Subordinate Court of the first class in relation to the surrender of fugitive criminals under the said Acts:

And whereas it is further provided by the said ordinance that the said ordinance shall not come into operation until His Majesty shall by Order in Council direct that the said ordinance shall have effect within the Colony as if it were part of the Extradition Act, 1870, but that the said ordinance shall thereafter come into operation as soon as such Order in Council shall have been publicly made known in the Colony :

Now, therefore, His Majesty, in pursuance of "The Extradition Act, 1870,” and in exercise of the power in that behalf in the said Act contained, doth by this present Order, by and with the advice of His Majesty's Privy Council, direct that the said ordi- nance shall have effect in the Colony of Kenya without modification or alteration, as if it were part of the Extradition Act, 1870.

And the Right Honourable Leopold Charles Maurice Stennett Amery, one of His Majesty's Principal Secretaries of State, is to give the necessary directions herein accord- ingly.

M. P. A. HANKEY.