694735-1875-Extradition-Ordinance- — Page 1

358

THE HONGKONG GOVERNMENT GAZETTE, 4TH SEPTEMBER, 1875.

Title.

Preamble.

Short title.

Powers of the Secretary of State to be

exercised by the Governor.

Powers of the

Police Magis exercised by

trate to be

HONGKONG.

ANNO TRICESIMO NONO

VICTORIE REGINE.

JOHN GARDINER AUSTIN, Administrator and Commander-in-Chief. No. 11 OF 1875.

An Ordinance enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, to provide for the more convenient administration of "The Extradition Acts, 1870 and 1873.”

W

[2nd September, 1875.]

HEREAS by the Act of the Imperial Parliament known as "The Extradition Act, 1870" it is amongst other things enacted that the said Act when applied by Order in Council, shall, unless it is otherwise provided by such order, extend to every British possession, but with the following among other modifica- tions; namely:-

No warrant of a Secretary of State shall be required, and all powers vested in, or acts authorised or required to be done under the said Act by the Police Magistrate and the Secretary of State, or either of them, in relation to the sur- render of a fugitive criminal, may be done by the Governor of the British possession alone;

and any prison in the British possession may be substituted for a

prison in Middlesex.

And whereas by the said Act it is also enacted that :-

If by any law or Ordinance 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 sur- render 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

Suspend the operation within any such British posses- sion of the said Act, or any part thereof, so far as it relates to such foreign state, and as so long as such law or Ordinance 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 another Act of the Imperial Parliament known as "The Extradition Act of 1873" it is enacted that the said Act shall be construed as one with "The Extradition Act, 1870," and that the said two Acts may be cited together as "The Extradition Acts, 1870 and 1873."

And whereas it is expedient to provide a more convenient method of administering "The Extradition Acts, 1870 and 1873" in this Colony:

Be it therefore enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-

I. This Ordinance may be cited as "The Extradition Ordinance (Hongkong), 1875.”

II. All powers vested in, or acts authorised or required to be done under "The Extradition Acts, 1870 and 1873" by the Secre- tary of State, in relation to the surrender of a fugitive criminal, may, in respect to this Colony, be exercised and done by the Governor.

III. All powers vested in, or acts authorised or required to be done under "The Extradition Acts, 1870 and 1873" by the Police Magistrate, in relation to the surrender of a fugitive criminal, may, in respect to this Colony, be exercised and done by any Magistrates of Police Magistrate of the Colony. the Colony.

the Police

Gaol.

Commence- ment.

IV. Victoria Gaol shall be a prison for the purposes of this Ordinance and "The Extradition Acts, 1870 and 1873."

V. This Ordinance shall take effect on a day to be hereafter proclaimed by the Governor.

Passed the Legislative Council of Hongkong, this 2nd day of September, 1875.

H. ERNEST WODEHOUSE,

Clerk of Councils.