the-ordinances-of-the-legislative-counci-1890 — Page 276

240 ORDINANCE No. 2 OF 1850.


Rendition of Chinese.


No. 2 of 1850 .

Title. An Ordinance to provide for the more effective carrying out of the
Treaties between Great Britain and China in so far as relates to

Chinese Subjects within the Colony of Hongkong.

[ 20th March, 1850. ]

Preamble. HEREAS by the Treaties between Great Britain and China provision is made
[Extended by
Ord. No. 2 of WH for the rendition for trial to officers of their own country of such subjects of
1871.]
China as have committed crimes and offences against their own Government, and
afterwards taken refuge in Hongkong :

Power to Magis 1. Be it therefore enacted and ordained by His Excellency the Governor of Hong
trates to detain
Chinese subjects kong with the advice of the Legislative Council thereof, that if any complaint or
having commit
ted offences
against the laws information, or any communication by any officer of the Chinese Government be made.
of China, and
taken refuge in or forwarded to any Magistrate or Court, (other than the Supreme Court, ) desiring
Hongkong .
the arrest of any person being a Chinese subject and then within the said Colony of
Hongkong, and alleging that such person has committed, or is charged with having
committed, any crime or offence against the laws of China, or if it shall appear in the
course of any investigation before such Magistrate or Court that any person being a
subject of China has committed any such crime or offence, it shall and may be lawful
for such Magistrate or Court to issue a summons or warrant for the appearance or
apprehension of such person ; or if such person be already in custody, it shall be lawful
to detain such person, and to investigate the alleged crime or offence in the same
manner as if such person were charged with a crime or indictable offence committed
within the said Colony.

Nature of war 2. And be it further enacted and ordained, that in any such warrant of arrest or
rant in such
case. any subsequent warrant of committal or other warrant, it shall be sufficient to describe
the crime or offence of such person in terms the same as, or similar to, those contained
in such complaint, information, or communication aforesaid.

Depositions in 3. And be it further enacted and ordained, that if at the close of the said inves
such case to be
forwarded to
the Governor. tigation it shall appear to the said Magistrate or Court, that such person as aforesaid
is a subject of China, and that there is probable cause for believing that the said person
has committed such crime or offence, it shall and may be lawful for such Magistrate or
Court to commit such person for safe custody to prison, and to direct the jailer to
detain such person in prison until the said jailer shall receive some order or orders
from the Governor of Hongkong, relative to the further detention , discharge, or trans
mission of such person to the nearest Chinese authorities or to such other Chinese
authorities as to the said Governor shall seem fit : and the said Magistrate or Court
shall, upon making such committal as aforesaid, transmit to the said Governor of
Hongkong the minutes of such investigation, and all documents in his or its possession
connected with the charge against such person, in order that such person may be dealt
with according to the Treaties aforesaid.