658420-1889-Bill-Chinese-Extradition — Page 1

370

THE HONGKONG GOVERNMENT GAZETTE, 4TH MAY, 1889.

behalf of Her Majesty any other evidence in support of the claim, but judgment shall pass for the Crown with costs of suit, unless the defendant shall specially plead and duly prove that such certificate is false or fraudulent, or shall specially plead and prove any facts showing that such expenses were not duly incurred under the provisions of this Ordinance, provided nevertheless that in no case shall any larger sum be recovered on account of such expenses than a sum equal to twice the total amount of passage money received or due to and recoverable by or on account of the owner, charterer, or master of such passenger ship, or any of them, for or in respect of the whole number of passengers who may have embarked in such ship, which total amount of passage money shall be proved by the de- fendant, if he will have the advantage of this limitation of the debt; but if any such passengers are forwarded or con- veyed to their intended destination under the provisions of the last preceding section, they shall not be entitled to the return of their passage money, or to any compensation for loss or passage under the provisions of the said Passengers Act, 1855.

Schedule (A.)

Form of Governor's Certificate of Expenditure.

I hereby certify that acting under and in conformity with the Passengers Relief Ordinance, 1889, I have defrayed the expenses incurred in rescuing, maintaining, supplying with necessary bedding, provisions and stores altor according to circumstances, and in for- warding to their destination passengers, who were proceeding from

to

in the passenger ship

which was wrecked at sea, &c. (state nature of disaster and where it occurred.) Passengers left behind according to circumstances.

And I further certify that the total amount of such expenses is and such expenses were duly incurred by me under the said Ordinance.

$

Given under my hand the

day of

18

Signed),

Governor of Hongkong.

GOVERNMENT NOTIFICATION.-No. 204.

The following Bill, which will be read on an early date in the Legislative Council, is published for general information.

By Command,

Council Chamber, Hongkong, 4th May, 1889.

ARATHOON SETH, Clerk of Councils.

Title.

Preamble

Short title.

DRAFT BILL

ENTITLED

An Ordinance to amend the law relating to the Extradition of Chinese Criminals.

W

HEREAS by Article XXI. of the Treaty between Her Majesty and the Emperor of China done at Tientsin on the 26th June, 1858, it was agreed and con- cluded that if criminals, subjects of China, shall take refuge in Hongkong, or on board the British ships there they shall, upon due requisition by the Chinese authorities, be searched for, and on proof of their guilt, be delivered up; and whereas it is expedient to amend the law for the more effective carrying out of the said treaty in relation to the surrender of criminals, subjects of China, who take refuge in Hongkong, or on board the British ships there: Bo it enacted by the Governor of Hongkong by and with the advice and conseut of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited for all purposes as The Chinese Extrudition Ordinance, 1889.