637603-1897-Ordinances-Nos-22-23-and-24-of-1897-assented-to — Page 4

999

THE HONGKONG GOVERNMENT GAZETTE, 20TH NOVEMBER, 1897.

No. 23 of 1897.

An Ordinance to amend The Chinese Extradition

LS

Ordinance, 1889.

WILLIAM ROBINSON,

Governor.

[17th November, 1897.]

Construc- tion.

Repeal of

sec. 10 of 26

of 1889. Substitute.l section.

Hearing of

the case. Evidence.

Depositions admitted in certain cases. Evidence of crime being political.

Be it enacted by the Governor of Hongkong, with the advice and cofisent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as The Chinese Extra- dition Amendment Ordinance, 1897, and shall be read and construed as one with The Chinese Extradition Ordinance, 1889, (No. 26 of 1889), hereinafter referred to as the prin- cipal Ordinance; and the two Ordinances may be cited together as The Chinese Extradition Ordinances 1889 and 1897.

2. Section 10 of Ordinance No. 26 of 1889 is hereby repealed.

3. In lieu of section 10 of the principal Ordinance, the words following shall be substituted :-

When a fugitive criminal is brought before a Magistrate, he shall hear the case in the same manner, and have the same jurisdiction and powers, as nearly as may bè, às if the prisoner were brought before him charged with an indictable offence committed in this Colony :

Provided always that-

(i.) In cases where the extradition crime alleged is either murder, inanslaughter, piracy, burglary, house- breaking, or robbery with violence, and the person accused has not resided in the Colony more than six months during the period of twelve months im- mediately prior to the date of his so being brought before the Magistrate, the Magistrate may receive in evidence copies of any such depositions relating to the charge as purport to have been taken in China in the presence of a British Consular Officer, and are accompanied by a certificate in English, purpor- ting to be a certificate by such Officer, that such copies are true copies of the originals and that the original depositions have been respectively read over to the respective deponents, that they respectively appeared to understand the same, and that, to the best of such Officer's belief, no compulsion had been used in obtaining such depositions;

(ii) Translations in English of such depositions, if certified by such British Consular Officer to he correct translations, may accompany the certified copy of the depositions, and in such case such translations may be received in evidence in the same manner as 'the originals;

(iii.) Any copies of depositions received in evidence or, if necessary, a translation thereof, shall be read over to the fugitive criminal if he so desire, and he shall be asked if he has any valid cause to show why he should not be committed to Gaol to await the order of the Governor ;

(iv.) The burden of proof that a fugitive criminal has resided in this Colony more than six months, during the period mentioned in clause (i.) of this proviso, shall lie upon such fugitive criminal;

(v.) In every case proof of the identity of the fugitive criminal must be given to the satisfaction of the Magistrate.

The Magistrate shall receive any evidence which may be tendered to show that the crime, of which the prisoner is accused, is an offence of a political character, or is not an extradition crime.

Passed the Legislative Council of Hongkong, this 8th day of November, 1897.

J. G. T. BUCKLE, Clerk of Councils.

Assented to by His Excellency the Governor, the 17th day of November, 1897.

J. H. STEWART Lockhart,

Colonial Secretary.