THE HONGKONG GOVERNMENT GAZETTE, 3RD OCTOBER, 1896.
GOVERNMENT NOTIFICATION.—No. 376.
953
The following proclamation by His Excellency the Governor and Commander-in-Chief of North Borneo is published for information.
By Command,
Colonial Secretary's Office, Hongkong, 30th September, 1896.
J. H. STEWART LOCKHART,
Colonial Secretary.
PROCLAMATION No. 11 or 1896.
A Proclamation to provide for the extradition of Fugitive Criminals from the Colony of Hongkong,
BY HIS EXCELLENCY LEICESTER PAUL BEAUFORT,
Governor and Commander-in-Chief of the State of North Borneo and its Dependencies.
[L.S.] LEICESTER PAUL BEAUFORT,
Governor.
SANDAKAN, 6th JULY, 1896.]
WHEREAS persons who have committed certain crimes or offences within the Colony Preamble, may escape to this Territory and it is expedient to provide for the apprehension of such fugitive criminals from Justice and for their surrender to the Government of Hongkong in order that they may be dealt with according to law: Be it enacted by the Governor of British North Borneo, as follows:-
1. This Proclamation may be cited as The Hongkong Extradition Proclamation 1896. Short Title. 2.. In the interpretation of this Proclamation and the schedules thereto the follow- Interpretation. ing expressions shall, unless repugnant to or inconsistent with the context, have the meaning hereinafter assigned to them, viz. :---
"Governor of Hongkong" means the Governor of the Colony of Hongkong and includes the person for the time being administering the Government of such Colony.
Colony" means the Colony of Hongkong.
“Extradition Crime" means any crime or offence which if committed in the Ter- ritory would be one of the crimes or offences mentioned in the schedule hereto.
Fugitive Criminal" means any person accused or convicted of an extradition crime committed within the jurisdiction of Hongkong who is or is suspected of being in the Territory of the British North Borneo Company.
The extradition crimes mentioned in the schedule to this Proclamation shall be construed according to the law in force in the Territory at the date of the alleged extra- dition crime.
schedule of crimes
Provided always that the Governor of North Borneo may from time to time by Power to add to or order to be published in the Gazette declare that any crime or offence specified in such expunge from the order and not included in the first schedule hereto shall form part thereof, and from and and offences. after the date of the publication of such order the crime or offence specified therein shall come within the operation of this Proclamation as if the same had been originally in- cluded in the said schedule, and further that the Governor of North Borneo may at any time by order to be published in the Gazette declare that any crime or offence specified in the schedule hereto or which may hereafter be added to the said schedule as herein- before provided shall no longer form part thereof and from and after the date of the publication of such order such crime or offence shall cease to come within the operation of this Proclamation.
3. The following restrictions shall be observed with respect to the surrender of Restrictions on fugitive criminals :-
(1) A fugitive criminal shall not be surrendered if the crime or offence in re- spect of which his surrender is demanded is one of a political character or if he prove to the satisfaction of the Magistrate, or of a judge of the Su- preme Court, if brought before the Court on a writ of Habeas Corpus, or of the Governor, that the requisition for his surrender has in fact been made with a view to try or punish him for a crime or offence of a political character or for a crime or offence which is not an extradition crime.
surrender.
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