1890_EXTRADITION_ORDINANCE_(HONGKONG)__1875 — Page 3

ORDINANCE No. 11 or 1875.

Extradition.

1389

Powers of the Police Magis-

exercised by the Police Magistrates of the Colony.

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

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

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

[In force from the 18th September, 1875, by proclamation of the 16th September, 1875, proclaimed also to be in force from 10th April, 1876, by proclamation of same date.]*

A

Order of Her Majesty in Council dated the 20th day of March, 1877.

Whereas 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

"Suspend the operation within any such British possession of the said Act, or

"of a

f 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 Hongkong, with the advice of the Legislative Council thereof, and numbered 11 of the said year, the short title of which is "The Extradition Ordinance (Hongkong), 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 Hongkong, 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 (Hongkong), 1875," shall have effect in the Colony of Hongkong, without modification or alteration, as if it were part of "The Extradition Act, 1870."

I

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.

ment.