661249-1888-Chinese-Fugitive-Criminals-Bill — Page 2

THE HONGKONG GOVERNMENT GAZETTE, 12TH MAY, 1888.

A BILL

ENTITLED

The Chinese Fugitive Criminals Extradition Ordinance, 1888.

E it enacted by the Governor of Hongkong, with the

BE id vive etud boy sent of the Legislative Council thereof,

as follows:-

1. In this Ordinance Extradition Crime means any crime or offence specified in the Schedule to this Ordinance, or duly declared to be an extradition erime under the provi- sions of section 9 of this Ordinance.

2. If a communication by any Officer of the Chinese Government is made or transmitted to a Judge of the Supreme Court requesting the arrest or rendition of any person being a Chinese subject and then within the Colony and alleging that such person has committed or is charged with having committed any extradition crime against the laws of China, the Judge may issue his warrant for the apprehension of such person.

In any warrant or order or proceedings issued or taken under the provisions of this Ordinance, it shall be sufficient to describe the crime of such person in terms the same as or similar to those contained in the communication men- tioned in this section.

3. A person arrested under a warrant so issued and hereinafter referred to as a fugitive criminal shall be brought forthwith before a Judge of the Supreme Court who shall investigate the alleged crime in the same manner as a Magistrate investigates a charge where a person is accused of having committed an indictable crime against the laws of the Colony, and shall exercise all the like jurisdiction and powers as a Magistrate in such case.

4. If at the close of the investigation it appears to the Judge that the fugitive criminal is a subject of China and that there is probable cause for believing that he has com- mitted the crime with which he is charged the Judge shall commit him to prison and shall direct the gaoler to detain him in prison until the gaoler shall receive an order from the Governor for the surrender of such person to a person to be designated in such order or for the liberation of such person. 5. If the Judge commits a fugitive criminal to prison, he shall inform him that he will not be surrendered until after the expiration of fifteen days, and that he has a right to apply for a writ of Habeas corpus.

6. Upon the expiration of the said fifteen days, or, if a writ of Habeas corpus is issued, after the decision of the Court upon the return to the writ, as the case may be, or after such further period as may be allowed in either case by the Governor it shall be lawful for the Governor by a warrant under his hand to order the fugitive criminal to be surrendered to such person as may in his opinion be duly authorised by the Chinese Government to receive him, and such fugitive criminal shall be surrendered accordingly.

7. It shall be lawful for the person designated in such warrant to receive, hold in custody, and convey out of the jurisdiction of this Colony the criminal mentioned in the warrant; and if the criminal escapes out of any custody to which he may be delivered on or in pursuance of such warrant, it shall be lawful to retake him in the same manner as any person accused of any crime against the laws of the Colony may be retaken upon an escape.

8. If any action be brought against any Officer of Police, or any other Person, for anything done in obedience to any warrant issued under the provisions of this Ordinance the proof of such warrant or order shall be a sufficient answer to such action, and the defendant or defendants on such proof shall be entitled to a judgment in his or their favour, and shall also be entitled to his or their costs as between Attorney and client.

9. The Governor may, from time to time, by Proela- mation in the Gazette, declare that any crimes specified in such Proclamation, and not included in the schedule to this Ordinance, shall be extradition crimes, and from and after the date of the publication of such Proclamation, the several crimes specified therein, shall come within the operation of this Ordinance as if the same had been originally in- cluded in the said schedule.

The Governor may, at any time, by Proclamation in the Gazette, declare that any crimes specified in the first schedule to this Ordinance, or which may be added to the said schedule as hereinbefore provided, shall no longer be extradition crimes, and from and after the date of the publication of such Proclamation, such crimes shall cease to be within the operation of this Ordinance.

Schedule of Extradition Crimes.

- Interpreta-

tion.

Application for rendition.

Crime how described.

Proceedings,

Committal.

Application for Habeas corpus.

Surrender.

Custody.

Protection for acting under warrant, &c.

Power to ad lo, or take from, list of crimes.

Schedule.

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