1937_CHINESE_EXTRADITION_ORDINANCE__1889 — Page 7

HK Historical Laws 香港歷史法例 All AI Reviewed

CHINESE EXTRADITION.

No. 7 of 1889.

319

the proof of such warrant or order shall be a sufficient answer to such action or suit, and the defendant, on such proof as aforesaid, shall be entitled to a verdict or judgment accordingly and shall also be entitled to all costs of suit.

17. The forms in the Second Schedule or forms to the like effect, with such variations and additions as circumstances may require, may be used for the purposes therein indicated and according to the directions therein contained, and instruments in those forms shall (as regards the form thereof) be valid and sufficient.

18. In all proceedings contemplated by this Ordinance every fugitive criminal for whose surrender a requisition is made shall be deemed to be a national of China unless he shall prove the contrary affirmatively: Provided that this section shall not be construed as imposing any obligation on the Governor or as binding the Crown in any manner whatsoever.

19. A certificate under the hand of the Colonial Secretary shall, upon production and without proof of the signature or any other proof, be conclusive evidence in any proceedings on any question relating to any declaration, opinion, or discretion, which the Governor is authorized by this Ordinance to make, form, or exercise, respectively.

20. A fugitive criminal shall be liable to be surrendered under and in accordance with the provisions of section 12 although the crime of which he is accused may have been committed within the jurisdiction of a Chinese authority other than the Chinese authority by whom the requisition was made, or other than the Chinese authority to whom he is to be surrendered, and although the Chinese authority to whom he is to be surrendered is not the Chinese authority by whom the requisition was made.

As amended by No. 17 of 1927 [28.10.27].

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CHINESE EXTRADITION. No. 7 of 1889. 319 the proof of such warrant or order shall be a sufficient answer to such action or suit, and the defendant, on such proof as aforesaid, shall be entitled to a verdict or judgment accordingly and shall also be entitled to all costs of suit. 17. The forms in the Second Schedule or forms to the like effect, with such variations and additions as circumstances may require, may be used for the purposes therein indicated and according to the directions therein contained, and instruments in those forms shall (as regards the form thereof) be valid and sufficient. 18. In all proceedings contemplated by this Ordinance every fugitive criminal for whose surrender a requisition is made shall be deemed to be a national of China unless he shall prove the contrary affirmatively: Provided that this section shall not be construed as imposing any obligation on the Governor or as binding the Crown in any manner whatsoever. 19. A certificate under the hand of the Colonial Secretary shall, upon production and without proof of the signature or any other proof, be conclusive evidence in any proceedings on any question relating to any declaration, opinion, or discretion, which the Governor is authorized by this Ordinance to make, form, or exercise, respectively. 20. A fugitive criminal shall be liable to be surrendered under and in accordance with the provisions of section 12 although the crime of which he is accused may have been committed within the jurisdiction of a Chinese authority other than the Chinese authority by whom the requisition was made, or other than the Chinese authority to whom he is to be surrendered, and although the Chinese authority to whom he is to be surrendered is not the Chinese authority by whom the requisition was made. As amended by No. 17 of 1927 [28.10.27].
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CHINESE EXTRADITION. No. 7 of 1889. 319 ! the proof of such warrant or order shall be a sufficient answer order. to such action or suit, and the defendant, on such proof as aforesaid, shall be entitled to a verdict or judgment accordingly and shall also be entitled to all costs of suit. 17. The forms in the Second Schedule or forms to the like Fórms. effect, with such variations and additions as circumstances may Second require, may be used for the purposes therein indicated and Schedule. according to the directions therein contained, and instruments in those forms shall (as regards the form thereof) be valid and sufficient. criminal to be deemed to be a 18. In all proceedings contemplated by this Ordinance every Fugitive fugitive criminal for whose surrender a requisition is made shall be deemed to be a national of China unless he shall prove the contrary affirmatively: Provided that this section shall not be construed as imposing any obligation on the Governor or as binding the Crown in any manner whatsoever. national of China. # 19. A certificate under the hand of the Colonial Secretary Evidence. shall, upon production and without proof of the signature or any other proof, be conclusive evidence in any proceedings on any question relating to any declaration, opinion, or discretion, which the Governor is authorized by this Ordinance to make, form, or exercise, respectively. ・・ to be affected 20. A fugitive criminal shall be liable to be surrendered Liability under and in accordance with the provisions of section 12 surrendered although the crime of which he is accused may have been not to be committed within the jurisdiction of a Chinese authority other by change than the Chinese authority by whom the requisition was made, of Chinese authority. or other than the Chinese authority to whom he is to be surrendered, and although the Chinese authority to whom he is to be surrendered is not the Chinese authority by whom the requisition was made. As amended by No. 17 of 1927 [28.10.27].
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CHINESE EXTRADITION.

No. 7 of 1889.

319

!

the proof of such warrant or order shall be a sufficient answer order. to such action or suit, and the defendant, on such proof as aforesaid, shall be entitled to a verdict or judgment accordingly and shall also be entitled to all costs of suit.

17. The forms in the Second Schedule or forms to the like Fórms. effect, with such variations and additions as circumstances may Second require, may be used for the purposes therein indicated and Schedule. according to the directions therein contained, and instruments in those forms shall (as regards the form thereof) be valid and sufficient.

criminal to be deemed

to be a

18. In all proceedings contemplated by this Ordinance every Fugitive fugitive criminal for whose surrender a requisition is made shall be deemed to be a national of China unless he shall prove the contrary affirmatively: Provided that this section shall not be construed as imposing any obligation on the Governor or as binding the Crown in any manner whatsoever.

national of China.

#

19. A certificate under the hand of the Colonial Secretary Evidence. shall, upon production and without proof of the signature or any other proof, be conclusive evidence in any proceedings on any question relating to any declaration, opinion, or discretion, which the Governor is authorized by this Ordinance to make, form, or exercise, respectively. ・・

to be

affected

20. A fugitive criminal shall be liable to be surrendered Liability under and in accordance with the provisions of section 12 surrendered although the crime of which he is accused may have been not to be committed within the jurisdiction of a Chinese authority other by change than the Chinese authority by whom the requisition was made, of Chinese authority. or other than the Chinese authority to whom he is to be surrendered, and although the Chinese authority to whom he is to be surrendered is not the Chinese authority by whom the requisition was made.

As amended by No. 17 of 1927 [28.10.27].

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