658420-1889-Bill-Chinese-Extradition — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 4TH MAY, 1889.

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2. Ordinances No. 2 of 1850 and No. 2 of 1871 are Repeal. hereby repeated, but such repeal shall not affect anything done or suffered or any proceedings for the surrender of a criminal commenced under the said Ordinances or either of them before the coming into operation of this Ordinance and such proceedings may be completed and the criminal surrendered as if this Ordinance had not come into opera- tion.

3. In this Ordinance unless repugnant to or inconsistent with the context the term Extradition Crime shall mean a crime which if committed in the Colony would be one of the crimes mentioned in the First Schedule bereto and the term Fugitive Criminal shall mean any subject of China accused of an extradition crime committed within the jurisdiction of China or on board a Chinese ship on the High Seas, who is or is suspected of being in Hongkong or on board a British ship there.

The crimes mentioned in the First Schedule to this Ordinance shall be construed according to the law in force in the Colony at the date of the alleged crime.

4. The provisions of this Ordinance shall apply to the surrender of criminals under any future arrangement that may be made by Her Majesty with the Emperor of China with respect to the surrender of fugitive criminals, as well as to their surrender under any Treaty in force at the coming into operation of this Ordinance.

5. The following restrictions shall be observed with respect to the surrender of fugitive criminals :--

(1.) A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is de- manded is one of a political character or if he prove to the satisfaction of the Magistrate, or of a judge of the Supreme Court, if brought be- fore 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 an offence of a political character or for an offence which is not an ex- tradition crime.

(2.) A fugitive criminal, who has been accused of an offence within British Jurisdiction not being an offence for which his surrender is demanded, or who is undergoing sentence under any convic- tion in the Colony, shall not be surrendered until after he has been discharged whether by acquittal or on expiration of his sentence or otherwise.

(3.) A fugitive criminal shall not in any case be sur- rendered unless an engagemeur is given by the Chinese Government that he shall not until he has been restored or had an opportunity of re- turning to Her Majesty's Dominions be detained or tried in China for any offence committed before his surrender other than the extradition 'crime on which the surrender is demanded.

6. Every fugitive criminal, who is in Hongkong, shall be liable to be apprehended and surrendered in manner provided by this Ordinance, whether the crime in respect of which the surrender is demanded was committed before or after the passing of this Ordinance, and whether there is or is not any concurrent jurisdiction in any Court in the Colony over that crime.

7. Whenever a requisition for a surrender of a fugitive criminal, who is in, or suspected of being in Hongkong, is nade to the Governor by some officer of the Chinese Government, the Governor may, by order under his hand and scal, signify to a Magistrate that such requisition has been made, and require him to issue his warrant for the apprehension of the fugitive criminal.

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8. A Magistrate, on receipt of the said order, shall issue his warrant for the apprehension of the fugitive criminal, if the fugitive criminal be already in custody shall issue his order to all necessary persons to bring the fugitive criminal before him to be dealt with according to this Ordinance.

9. A Magistrate may also issue his warrant for the apprehension of a fugitive criminal on such information or complaint as would, in his opinion, justify the issue of a warrant if the crime had been committed in the Colony. :

Interpreta- tion.

All crimes jure gentium.

Application of Ordinance,

Kostriction (1) surrender.

Lability to be surrendered.

Requisition to the Governor may be followed by order to Magistrate for warrant of apprehension.

Duties of a Magistrate apon receipt of such order.

Magisi rato may also issue warrant as in ordinary cases,

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