the-ordinances-of-the-legislative-counci-1890v2 — Page 567

CHINESE EXTRADITION . [ 26 of 1889. ] 1157

1. This ordinance may be cited for all purposes as The Short title.
Chinese Extradition Ordinance, 1889.
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3. In this ordinance unless repugnant to or inconsistent with tion.
Interpreta
the context the term Extradition Crime shall mean a crime
which if committed in the Colony would be one of the crimes
mentioned in the first schedule hereto and the term Fugitive
Criminal shall mean any subject of China accused of an
extradition crime committed within the jurisdiction of China or All crimes
on board aa Chinese ship on the high seas, who is or is suspected jure gentium,
of being in Hongkong or on board a British ship there.
The crimes mentioned in the first schedule to this ordinance
shall be construed according to the law in force in the Colony
at the date of the alleged crime.
4. The provisions of this ordinance shall apply to the of
Application
ordinance.
surrender of criminals under any future arrangement that may
be made by Her Majesty with the Emperor of China with
respect to the surrender of fugitive criminals, as well as to their
surrender under any Treaty in force at the coming into operation
of this ordinance.

5. The following restrictions shall be observed with respect onRestrictions
surrender.
to the surrender of fugitive criminals :
( 1. ) A fugitive criminal shall not be surrendered if the
offence in respect ofwhich his surrender is demanded
is one of a political character or if le prove to the
satisfaction of the Magistrate, or of a Judge of the
Supreme Court, if brought before the Court on a
writ of labeurs 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 expi
ration of his sentence or otherwise.
( 3. ) A fugitive criminal shall not in any case be surrendered
unless an engagement is given by the Chinese
Government that he shall not until he has been
restored or had an opportunity of returning to ller
Majesty's Dominions be detained or tried in China