639
given date to have represented, the person or persons or body actually exercising authority in any province or other area or place which in the opinion of the Governor forms or at any time has formed part of the Republic of China, the Governor may, by order under his hand and seal, signify to a magistrate that such requisition has been made, and require him to issue his warrant for the apprehension of the fugitive criminal or otherwise to proceed in conformity with the provisions of this Ordi- nance. The declaration may be made before or after the issuing of the order.
6. Section 18 of the Chinese Extradition Ordinance, Amendment 1889, as amended by the Chinese Extradition Amendment of Ordinance Ordinance, 1927, is further amended by the substitution of No. 7 of
the word "person "for the words “ fugitive criminal" in 1889, s. 18,
the second line thereof.
as amended by Ordinance No. 17 of 1927, s. 6.
7. The following sections are inserted in the Chinese Insertion Extradition Ordinance, 1889, immediately after section 20 of new thereof :-
Admission of
in evidence.
sections 21, 22, 23 and 24
1889.
21. The requisition shall be transmitted by in Ordinance requisition the Governor to the Crown Solicitor through No. 7 of
the Colonial Secretary and shall be admissible in evidence without proof upon production by the Crown Solicitor or any Assistant Crown Solicitor or any police officer not below the rank of sub-inspector.
Absence of warrant or accusation in China irrelevant.
Description of extradition crime in Jequisition, etc.
Surrender where extra dition crime is committed
sn a Chinese ohip.
22. No objection to the surrender of any person under this Ordinance shall be taken on the ground that no warrant has been issued in China for the arrest of such person or on the ground that no accusation has been made against him in China.
23. No objection to the surrender of any person under this Ordinance shall be taken on the ground that the alleged extradition crime is not described in the requisition, or in the Governor order, or in the magistrate's warrant of apprehension under section 7 or section 8, or in the magistrate's order under section 7, in the technical terms of English law.
24. A fugitive criminal accused of having committed an extradition crime on board a Chinese ship side the waters of the Colony may be surrendered by the Governor to any Chinese authority that in the opinion of the Governor will have jurisdiction to try the alleged extradition crime.
8. From No. 1 in the Second Schedule to the Chinese Amendment Extradition Ordinance, 1889, as amended by section 8 of of Ordinance the Chinese Extradition Ordinance, 1927, is repealed and No. 7 of the following form is substituted therefor : —
FORM No. 1.
Order by the Governor to a Magistrate to
issue his warrant.
1889, Second Schedule, Form No. 1, as amended
[*. 6.] by Ordinance
No. 17 of
1927, s. 8.
By His Excellency.
Governor
and Commander-in-Chief of the Colony of Hong Kong
and its dependencies.
To
Magistrate.
No comments yet.
Private notes are available after approval.