690532-1877-Extradition-Act-1870-H-M-s-Order-in-Council- — Page 1

DIE

MON

DROIT

THE HONGKONG

Government Gazette.

Published by Authority.

No. 27.

No. 132.

VICTORIA, SATURDAY, 9TH JUNE, 1877.

VOL. XXIII.

GOVERNMENT NOTIFICATION.

The following Copy of an Order of Her Majesty in Council, dated the 20th March, 1877, published for general information.

is

By Command,

J. Gardiner AUSTIN,

Colonial Secretary.

Colonial Secretary's Office, Hongkong, 6th June, 1877.

WHE

AT THE COURT AT WINDSOR,

The 20th day of March 1877. PRESENT,

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

HEREAS by Section 18 of "The Extradition Act, 1870," it is, among other things, enacted, "that if by any Law made before or after the passing of the said Act 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 Act in the case of any Foreign State or by any subsequent "Order, either

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"Suspend the operation within any such British Possession of the said Act, 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:

"

"Or direct that such Law or Ordinance, or any part thereof, shall have effect in such British

"Possession, with or without modifications and alterations, as if it were part of the said Act: And whereas by a certain Ordinance enacted in the year 1875 by the Governor of Hong Kong, with the advice of the Legislative Council thereof, and numbered 11 of the said year, the short title of which is "The Extradition Ordinance (Hong Kong), 1875," provision is made that all powers vested in, or acts authorized or required to be done, under the Acts of the Imperial Parliament known as the "Extradition Acts, 1870 and 1873," by the Secretary of State or by the Police Magistrate, in relation to the surrender of a fugitive criminal, which by the said Imperial Acts are in respect of British Possessions vested in or required to be done by the Governor alone, may, in respect of the Colony of Hong Kong, be exercised and done by the Governor or the Police Magistrate of the Colony respectively;

And whereas the said Ordinance has been confirmed and allowed by Her Majesty:

NOW, THEREFORE, Her Majesty, in pursuance of The Extradition Act, 1870," and in exercise of the power in that behalf in the said Act contained, doth by this present Order, by and with the advice of Her Majesty's Privy Council, direct that the said "Extradition Ordinance (Hong Kong), 1875," shall have effect in the Colony of Hong Kong, without modification or alteration, as if it were part of "The Extradition Act, 1870.”

And the Right Honourable the Earl of Carnarvon, one of Her Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly.

C. L. PEEL.