314
No. 7 of 1889.
CHINESE EXTRADITION.
Application
of the Ordinance.
Restrictions on surrender of fugitive criminal.
(d) "Jurisdiction of China" includes the jurisdiction of any Chinese authority as defined in paragraph (a).
(e) "National of China" means every person who, not being a national of any other state, possesses Chinese nationality.
The crimes mentioned in the said Schedule shall be construed according to the law in force in the Colony at the date of the alleged crime.
3. The provisions of this Ordinance shall apply to the surrender of criminals under any future arrangement that may be made by His Majesty with China with respect to the surrender of fugitive criminals, as well as to their surrender under any treaty in force at the commencement of this Ordinance.
4. 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 demanded is one of a political character or if he proves, to the satisfaction of the magistrate, or of a judge if brought before 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 extradition 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 conviction in the Colony, shall not be surrendered until after he has been discharged, whether by acquittal or on expiration of his sentence or otherwise; and
(3) a fugitive criminal shall not in any case be surrendered unless an engagement is given by the Chinese authority to whom he is to be surrendered that he shall not, until he has been restored or had an opportunity of returning to His 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.
* As amended by No. 17 of 1927 [28.10.27].
314
No. 7 of 1889.
CHINESE EXTRADITION.
Application
of the Ordinance.
Restrictions on surrender of fugitive criminal.
(d) "Jurisdiction of China" includes the jurisdiction of any Chinese authority as defined in paragraph (a).
(e) "National of China means every person who, not being a national of
any other state, possesses Chinese nationality.
The crimes mentioned in the said Schedule shall be construed according to the law in force in the Colony at the date of the alleged crime.
3. The provisions of this Ordinance shall apply to the surrender of criminals under any future arrangement that may be made by His Majesty with China with respect to the surrender of fugitive criminals, as well as to their surrender under any treaty in force at the commencement of this Ordinance.
4. 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 demanded is one of a political character or if he proves, to the satisfaction of the magistrate, or of a judge if brought before 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 extradition 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 conviction in the Colony, shall not be surrendered until after he has been discharged, whether by acquittal or on expiration of his sentence or otherwise; and
(3) a fugitive criminal shall not in any case be surrendered unless an engagement is given by the Chinese authority to whom he is to be surrendered that he shall not, until he has been restored or had an opportunity of returning to His 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.
* As amended by No. 17 of 1927 [28.10.27].
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