644713-1894-H-M-s-Order-in-Council-Extradition-Act-with-Portugal — Page 1

456.

THE HONGKONG GOVERNMENT GAZETTE, 12TH MAY, 1894.

GOVERNMENT NOTIFICATION.No. 191.

The following Circular Despatch, with its enclosure, is published.

By Command,

Colonial Secretary's Office, Hongkong, 12th May, 1894.

J. H. STEWART LOCKHART, Acting Colonial Secretary.

CIRCULAR.

DOWNING STREET,

20th March, 1894.

SIR, I have the honour to transmit to you, for publication in the Colony under your Government, a copy of an Order of Her Majesty the Queen in Council, dated the 3rd of March, 1894, for giving effect to the Treaty between Her Majesty and His Majesty the King of Portugal for the mutual extradition of Fugitive Criminals, signed at Lisbon, on the 17th of October, 1892, the ratifications of which were exchanged at Lisbon, on the 13th of November, 1893.

I have the honour to be,

Sir,

Your most obedient, humble Servant,

The Officer Administering the Government of

HONGKONG.

RIPON.

ORDER IN COUNCIL.

EXTRADITION TREATY WITH PORTUGAL.

Windsor, 3rd March, 1894.

At the Court at Windsor, the 3rd day of March, 1894.

PRESENT,

The QUEEN's Most Excellent Majesty.

Lord President.

Marquess of Ripon.

Earl Spencer.

Mr. Gladstone.

Sir William Vernon Harcourt.

THEREAS by the Extradition Acts, 1870 and 1873, it was amongst other things enacted that, where an arrangement has been made with any foreign State with respect to the surrender to such State of any fugitive criminals, Her Majesty may, by Order in Council, direct that the said Acts shall apply in the case of such foreign State; and that Her Majesty may, by the same or any subsequent Order, limit the operation of the Order, and restrict the same to fugitive criminals who are in or suspected of being in the part of Her Majesty's dominions specified in the Order, and render the operation thereof subject to such conditions, exceptions, and qualifications as may be deemed expedient; and that if, by any law made after the passing of the Act of 1870 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, Her Majesty may, by the Order in Council applying the said Acts in the case of any foreign State, or by any subsequent Order, suspend the operation within any such British possession of the said Acts, 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 :

And whereas by an Act of the Parliament of Canada passed in 1886, and entitled "An Act respecting the Extradition of Fugitive Criminals," provision is made for carrying into effect within the Dominion the surrender of fugitive criminals:

And whereas by an Order of Her Majesty the Queen in Council, dated the seventeenth day of November, one thousand eight hundred and eighty-eight, it was directed that the operation of the Extradition Acts, 1870 and 1873, should be suspended within the Dominion of Canada so long as the provision of the said Act of the Parliament of Canada of 1886 should continue in force and no longer :