EXTRADITION ACTS

EXTRADITION ACTS

PART V.

A SELECTION FROM THE
IMPERIAL STATUTES SPECIALLY EXTENDED TO HONOKONG.

L-The Extradition Acts-
Act of 1870-33 & 34 Vict., c. S`
Act of 1873 -36 & 37 Vict., c. 60. 0. in C. 20th March, 1877.
Act of 1895 -58 & 59 Vict., c 33
Act of 1906-6 Edw. VII, c. 15.
List of Extradition Treaties.
2.-The Fugitive Offenders Act, 1881-
44 & 45 Vict., c. 69.-0. in C. 12th December, 1885.
3.-The Colonial Prisoners Removal Acts-
Act of 1869-32 & 33 Vict., c. 10.
Act of 1884-47 & 48 Vict., c. 31.
Forms-0. in C. 13th December, 1889.
Forms -0. in C. 9th September, 1907.
Forms-0. in C. Ilth April, 1913.
4.-The Colonial Probates Act, 1892-
55 & 56 Vict., c 6.-0. in C. ]5th March, 1893.
5.-The Finance Act, 1894-
57 & 58 Vict., c. 30, s. 20-0. in C. 19th May, 1895.
k-The Colonial Solicitors Acts, 1900-
63 & 64 Vict., c. W-0. in C. 4th November, 1901.
7.-Post Office (Money Orders) Acts, -Regulations, 17th July, 1384.
Act of 1883-46 & 47 Vict., c. 58, s. 4.
Act of 1880-43 & 44 Vict., c. 33, ss. 3-5.
8.-The Superannuation Act, 1892-
55 & 56 Vict., c. 40, s. 4-Treasury Minute, November, 1895.
9.-The Copyright Act, 1911-
1 & 2 Geo. V, c. 46-Proclamation 28th June, 1912.

The Statutes in this Part were for the most part specially extended to Hongkong
by Order in Council under the powers contained in the Acts for so extending them to
the Colonies. The Statutes selected are printed in full, following the Orders in
Council. for convenience of reference.
The colonial Prisoners Removal Acts are an exception, as they are in the category
of Statutes whiebapply without the intervention of an Order in Council. They are haw-
ever printed on acenunt of their importance, and placed in this Part because the Forms
under the Act of 1884 were made by Order in Council.
The copyright Act, 1911, which was extended by Proclamation under the powers
contained in the Act, is also printed on account of its importance and because its provi-
sions replace those of the enactments relating to copyright in the Colony which were
repealed by the Copyright Repeal Ordinance, 1912, (No. 24 of 1912).





1-THE EXTRADITION AOTS.

Order in Council, 20th March, 1887.

At the Court at Windsor, the 20th day of March, 1877.

PRESENT,:

The Queen's Most Excellent Majesty in Council.
WHEREAS by section 18 of the Extradition Act, 1870, it is, among
other things, enacted, ---that if by any Law made before or after th
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 crimminal who are in or suspected of beina in
such British Possession, Her Majesty may, by the Order in Council ap
plying the said Act in the case of any Foreign State or by any sub-
sequent Order, either
'Suspend the operation within a ny such British Possession of the said
Act, or of 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 al-
terations, 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, ot, acts authorised 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 Im-
perial 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 Hong-
kong, 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.
Hei, Majesty

This Ordinance is now numbered 5 of 1875 and is to he found in Vol. I The Acts
must be read in conjunction with that Ordinance.
A list of the ~ountries with which Extradition Treaties have becn entered into will
be found on p.p. 136 and 137. Special unilateral Extradition Ordinances have been
passed in Hongkong-as to Macao, No. 1 of 1881, as to China, No. 7 of 1889, as to
British North Borneo, No. 1 of 1896, and as to the Malay States, No. 4 of 1903, extended
by the General Revision Ordinance, 1912, to the four States recently included in the
Protectorate.





NoW, THEREFORF, Her Majesty, in pursuance of the Extradition Act,
1.870, and in exercise of the power in that behalf in the said Act con-
tained doth by this present Order, by and with the advice of Hei.
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.

ACT OF 1870-33 & 34 VICT., c. 52.

An Act for amending the law relating to the Extradition of Criminals.

[9th August, 1870.]
'WHEREAS it is expedient to amend the law relating to the surrender
to foreign States of persons accused or convicted of the commission of
certain crimes within the jurisdiction of such States, and to the trial of
criminals surrendered by foreign States to this country

1. This Act may be cited as the Extradition Act, 1870.

2. Where an arrangement has been made with any foreian State
with respect to the surrender to such State of any fugitive criminals,
Her Majesty may, by Order in Council, direct that this Act shall apply
in the case of such foreign State.
Her Majesty may, by the same or any subsequent Order, limit the
operation of the Order and restrict the same to fugitive criminals who
are in or suspected of being in the part of Her Majesty's Dominions
specified in the Order, and render the operation thereof subject to such
conditions, exceptions, and qualifications as may be deemed expedient.
Every such Order shall recite or embody the terms of the arrange-
ment, and shall not remain in force for any longer period than the
arrangement.
Every such Order shall be laid before both Houses of Parliament
within 6 weeks after it is made, or if Parliament be not then sitting.,

within 6 weeks after the then next * meeting of Parliament, and shall also
be published in the London Gazette.

3. 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 charac-
ter, or if he prove to the satisfaction of the Police Magistrate or 0 the
Court before whom he is brought on habeas corpus, or to the Secretary
of State, 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 ;





(2) A fugitive criminal shall not be surrendered to a forcio.n State
unless provision is rnade by the law of that State, or by arrangement,
that the fugitive criminal shall not, until he has been restored or had an
opportunity of returning to Her Majest's Dominions, be detained or
tried in that foreign State for am offence committed prior to his sur-
render other than the extradition crime proved by the facts oil which.
the surrender is grounded ;
(3) A fugitive. criminal who has been accused of sonie offence within
English jurisdiction nto being the ofTence for which his stirrender is
asked, or is undergoing sentence under an.s. conviction in the United
Kingdom, shall not be sUrrendered until after It(, has been
whether by acquittal or on expiration of his sentence or otberwise
(4) A fligitive criminal shall not be, surrendered until the expiration
of 15 days from the date of his being coininitted to prison to await his
surrender.

4. An Order in Council for applyin---. this Act n the case of any
foreign State shall not be inade unless tbe
(1 ) provides for the determination of it by elther party to it after tile
expiration of a notice not exceeding one year ; and
(2) is in conformity with the provisions of this Act, and in particular
with the restrictions on the surrender of fugitive criminals contained in
this Act.

5. When in order applying this Act in the case of any foreign State
has been published in the London Gazette, this Act. (after the date
specified in the Order, or if no date is specified, after the date of the
publication), shall so long as the Order reniains in force but subject to
the limitatiions restrictions, conditions,and qualificatiions, if
any, contained in the Order, apply in the case of such forein,n State.
An Order in Council shall be conclusive evidence that the arrangement
therein referred to complies with the requisitions of this Act, and that
this Act applies in the case of the foreign State mentioned in the Order,
and the validity of such Order shall not be, questioned in any legal
proceedings whatever.


6. Where this Act applies in the case of any foreign State, every
fueritive crialinal of that State who is in or suspected of beinor in ally
part of Her -Majesty's Dominions, or that part which is specified in the,
Order applying the Act (as the case inay be) shall be liable to he

applchended and surrendered in rnanner provided by this Act, whether
the crime in respect of which the surrender is sought was committed

Thhs section was explained to include crimes committed before tlid passing of the
principal Act by 36 & 37 Vict. c. 60 s. 2.





before or after the date of the Order, and whether there is ot, riot any
concurrent Jurisdiction in any Court of Hei. Majesty's Dominions over
that crime.

7. A requisition for the surrender of a fugitive criminal of any foreign

State, who is in or suspected of being in ithe United Kingdoni, shall be
inade, to it Secretary of State by sonic person by the Secre-

tary of State as a diplomatic respresentative of that foreign State. A

Secretary ot' State may, by order under his hand and scal, signify to a

Police magistrate that such requisition has been made, and require him

to issue his warrant for the apprehension of the fugitive criminal, whether
If the Secretary of State is of opinion that the offence., is one of a
political character he may, if he think fit, refuse to send any sitch order,
and rnay also at any tinie order a a fugitive criminal accused or convicted
of such. offence to be, discharged from custody.
8. A warrant for the apprehension of it fugitive criminal, whether
accused or convicted of crime, who is in or suspected of being in the
United Kingdoni may be issued-
(1) by -a Police Magistrate on the receipt of the said order of the
Secretary of State, and on such. evidence as would in his opinion justify
the issue of the warrant if the crime had been cominitted or the criminal
convicted in England ; and
(2) by a Police Magistrate or any Justice of the Peace in any part of
the United Kingdom, on such information or coinplallit and such evidence
or after such proceeditigs as would in the opinion ol' the person issuing
the warrant justify the issi-ie of a warraut if the crime had been coin-
mitted or the criminal convicted in part of United Kingdom in
which lie exercises Inrisdiction.
Any person issuing a warrant under this section without an oreder
from in a Secretary of State shall forthwith send a report of the fact of such
issi-te, together with the evidence and information or complaint, or cer-
tified copies thereof, to a Secretary of State, who inay if he think fit order
the warrant to be cancelled, and the person who has been apprehended
on the warrant to be discharged.
A fugitive criminal, when apprehended on a warrant issued without
the order of a Secretary of State, shall be brought before some person
having power to issue a warrant under ' this section, who shall by warrant
order him to be brought and the prisoner shall be brotight
before a Police Magistrate.
A fugitive criminal apprehended on a, warrant issued without the
order of a Secretary of State shall be discharged by the Police Magistrate,
unless the Police Magistrate, within such reasonable time as with

],'or meatiing of ' iliplomatic rel)reseltbative'~ 36 & 37Vict. c. 60 s. 7.





reference to the circumstances of the case, he may fix, receives frorn a
Secretary of State an order signifying that a requisition has been made
for the surrender of such criminal.

9. When a fugitive criminal is brought before the Police Magistrate,
the Police Alaffistrate shall hear the case in the same manner, and have
the same Jurisdiction and posvers, as near as may be, as if the prisoner
were brouolit before him charged with an indictable offence committed
in England.
The Police Mauistrate shall receive any evidence which may be
tendered to show that the crime of which the prisoner is accused or
allelged to have been convicted is an offence of a political character or is
not an extradition crime.

10. In the case of a fugitive criminal accused of in extradition crinie,
if the foreign warrant authourising the arrest of such criminal is duly

authenticated, and such evidence is produced as (subject to the provisions
of this Act) would, according to the lask- of England, Justify the com-
mittal for trial of the prisoner if the crime of he, iss accused had
been committed in England, the Police Magistrate shall counnit him to
prison, but otherivise shall order him to be discharged.
In the case of a luffitive criminal alleged to have beei, convicted of
ai). extradition crime, if such evidence is produced as (subject to the
provisions of this Act) would, according to the law of England, prove
that the prisoner wa., convicted of such erline, the Police Magistrate shall
conlinit him to prison, but otherwise shall order Inin to be discharged.

If he commits such cruninal to prison, he shall conlinit him to the
Middlesesx House of Detention, or to souw other prison in Middlesex,
there to asvait the warrant of a Secretary of State for his surender, and
shall.forthwith send to a Secretary of State a certificate of the committal,
and such report upon the ease as he may think- fit.

11. If the Police Magistrate commits a fugitive criminal to prison,
lie shall inforin such crimint that lie will not be surrendered until after
the expiration of 15 days, and that lie has a right to apply for a writ of
linbeas Corpus.

Upon the expiration of the said 1,5 da or, if a writ of habeas corpus
is issued, after the decisiou of the Court upon the return to the writ, as
the ease may be, or after such fin.ther perlod as may be allowed in either
case bY a Seeretar.v of' State, it shall be lawful fo'r a Secretary of State,
by warrant under his hand and seal, to order the fugitive criminal (if
not delivered on the decisioin of the Court) to be surrendered to such
person as may in his opinion be duly authorised to receive the fligitive

For provisiolls ~waringthall at Bow str'(tt sec 58 & 59
Vict. c. 33 s. 1.





ciminal by the foreign State from which the requisition for the
surrender proceeded, and such fugitive criminal shall be surrendered
accordingly.
It shall be lawful for any person to whom such warrant is directed
and for the person so authorised is aforesaid to recei e hold in custody,
and convey within the jurisdiction of such foreign State the criminal
mentioned in the warrant ; and if the criminal escapes out of any custody
to which he may be delivered on or in pursuance of such warrant, it
shall be lawful to retake him in the same manner as ally person accused
of aliv crime against the laws of the part of Her Majesty's Dominions to
which he escapes may be retaken upon an escape.

12. If the fugitive criminal who has been committed to prison is riot 1:
surrendered and cnverey out of tho United Kinudom within 2 months

after such cominittal, or if a writ of habead corpus is issued, after the B
decision of the Court upon the return to file writ, it shall be lawful for'

any Judge of otie of Her Majesty's Superior Courts at Westminsfer, M
upon application inade to him by or on behalf of the criminal, and upon n
proof that reasonable notice of the intentioin to make such application
has been given to a Seeretary of State, to order the criminal to be dis-
charged out of custody, unless sufficient cause is shown to the contrary.

13. Thewarrant of the Police Magistrate issued in pursuance of this 1
Act may be executed in am, part of the United Kingdoni in the same'
if the saine had* been deposition issued or subsequently in- c
manner as
dorsed by the Justice of the Peace. having jurisdiction in the place. where
the same is executed.

14 Depositions or statements taken in a foreign State, and
copies of such original depositions or statements, and foreign certificates
of or judicial documents stating the fact of conviction, may, if duly
authenticated, be, received in evidence in proceedings under this Act.

15. Foreign warrants and depositions or statements on oath, and
copies thereof, and certificates of or Judicial documents stating the fact
of a conviction, shall be deeuied difly authenticated for the purposes of
this Act if authenticated in inauner provided for the tline being by law
or authenticated as follows :-
(1) If the warrant purport.; to bc signed by a Judge Magistrate, or
officer of the foreign State where the same was issued
(2) If the depositions or statements or the copies thereof purport to
be certified under the liand of a Jticlge, Magistrate., or officer of the
foreign State where the saine were taken to be the original deposi-
tions or statements, or to be true copies thereof, as the case may require
and

depositions and statements on uath ntid
cot)ic,.s thereof see 36 & 37 V iel. c. 60 s. 4.





(3) If the certificate of ol. Judicial -document stating the fact of con-
viction purports to be certified by a Judge, Magistrate, or officer of the
forelWi State where the conviction took place ; alid
if in ever.v case the. warrants, depositions, statements, copies, certifi-
cates, and judicial documents (as the case may be) are authetiticated bY
the oath of seine witness or by being sealed with the official seal of the
Minister of Justice, or some other Minister of : and all Courts of
Justlee, Justices, and Magistrates shall fidw judicial ntice of such official
seal, and shall adinit the documents so authenticated bY it to be received
in evidence without further proof.

Crimes committedat sea.
16. Where the crime in respect of which the surrender of a fugitive
criminal is sought was committed on board any vessel on the high ease
which coms into any port of the United Kingdom, the following
provisions shall have effect:-

(1) The Act shal be contrued as if any Stipendiary Magistrate in
England or Ireland, and any Sheriff or Sheriff Substtiute in Scotland,
were substituted for the Police agistrate throughout this Act, except the
part reling to the execution of the warrant of the Police Magistrate:
(2) The criminal may be committed to any prison to whcih the person
committing him has power to commit persons accused of the like crime:
(3) If the fugitive scriminal is apprehended on a warrant issued
without the order of a Secretary of State, he sahll be brought before
the Stipendiary Magistrat, Sheriff, or Sheriff Substitiue who issued
the warrant, or who has jurisdiction in the port where the vesselk lies.
or in the place nearest to that port.

Fugitive criminals in British Posscssions.

17 This Act when applied by Order in Council, shal unless it is other-
wise provided by such Order, extend to every British possession in the
same manner as if throughout this Act theBritish possession were
substituted for the United Kingdom or England, as the case may
require, but wtih the following modifications; namely-

(1) The requisition for the surrender tof a fuitive criminal who is in
or suspected of being in a British possession may be made to the
Governor of the at British possession b any person recognised by that
Governor as a Consul General, Consul, or Vice-Consul, or (if the fugitive
criminal has escaped form a colony or dependecny of the governor of Such
colony or dependency:

(2) No warrant of Secretary of State shall be required, and all
powers vested in or acts authourised or required tobe done under this





Act by the. Police Magistrate and the Secretary of State, or either of
thein, in relation to the surrender of a fugitive criminal , may be done
by the Governor of the British possession alone :
(3) Any prison in the British possession may be substituted for a
prison in -Middlesex:
(4) A Judge of any Court exercising in the British possession the like
powers as the Court of Queen's Bench exercises in England maY exercise
the power of discharging a criminal wheil not conveYed within 2
months out of such British possession.

18. If by any law or Ordinance, made before or after the passing of
this Act, by the Legislature of any British possession, provision is inade
for carrying into effect within such possession the surrender of fugitive
criminals who are in or suspected ofbeing in such British possession,
His Majesty may, bY the Order in Council applying this Act lu the
case of any foreign State, or by any subsequent Order, either-
suspend llic operation within. any such British possession of this Act,
or of any part thereof, so far as it relates to such foreign State, and so
long as such law or Ordinance continue-, in force there, and no longer;
or direct that such law or Ordinance, or aii part thereof, shall have effect
in such British possession, with or without modifications and alteratimis,
as if it were part of this Act.

General Prorisions.
19. Where, in pursuance of any arrangement with a foreign State,

any person accused or convicted of any crime which, if committed
in E ngland, would be one of the crimes described in the first schedule
to this Act is surrendered by that foreign State, sueh person shall
not, until he has been restored or had in opportunity of returning
to such foreign State, be triable or tried for any offence committed prior
to the surrender in any part of Ifer Majesty's Dominions other than such
of the said crimes as may be proved Oy the facts on which the surrender
is grounded.
20. The forms set forth in the 2nd scliedtile to this Act, or forms
as near thereto as circumstances admit, may be used in all inatters to
which such forms refer, and in the case of -a British possession ma.v be
so used, iautatis vaitandis, and when used shall be deemed to be valid
and sufficient in law.

21 Her Majesty may, by Order in Council, revoke or alter, subject
to the restrictions of this Act, any Order in Council inade in pursuance
,of this Act, -and all the provisions of this Act with respect to the original
Order shall (so far as applicable) apply, mutails intitandis, to any such
new Order.
1-2. This Act (except so far as relates to the execution of warrants in
the Channel Islands) shall extend to the Channel Islands and Isle of





Man in the same manlier as if they were part of the United Kingdom;
and the Royal Couts of the Channel Islands are hereby respectively
authorised and required to register this Act.

23. Nothing in this Act shall affect the lawful powers of her Majesy
or of the Governor General of India in Council to make treaties for the
extradition of criminals with Indian Native States, or with other Asiatic
States conterminous with British India, or to carrY into execution the
provisions of any such treaties made either before or after the passing
of this Act.

24. The testimony of any wlitness inav be obtained in relation to ally
criminal niatter pending in any Court tribunal in a foreign State in
like manner as it may be obtained in relation to any civil lilatter under
the Act. 19 & 20 Vict. c, 113, intituled ' all Act to provide for takincy
evidence in Her Majesty's Dorninions in relation to civil and commercial
matters pending before foreign tribunals and in the provision. of that
Act shall beconstrued as if the terms ' civil matter ' included t criminal
matter, and the term cause ' included a proceeding against a criminal :
provided that nothing in this section shall apply in the case of any
criminal matter of a political character.

25. For the purposes of this Act. every colony dependency, and con-
stituent part of a foreign State, and even- vessel of that State, shall
(except where expressly mentioned as distinct in this Aet) be deeined to
be within the Jurisdiction (if and to be part of such foreign State.

26. In this Act, unless the context otherwise requires :--
the terin ' British possession ' means any colony, plantation, island,
territory, or settlenlent within Ber Majesty's Dominions, and not within
the United Kingdom, the Channel Islands, and Isle of Mail - and all
colonies, plantations, islands, territories, and settlements under one Le-
gislature, as hereinafter defined, are deemed to be one British possession:
the term 'legislature' means any person or person who can ex-
ercise legislative authourty in a British =possession, and where are
local legislatures as weel as a central Legislature, means the central
legislature only:
the term 'Governor' means any person or persons adminitering
the government of British possession, and includes the Governor of
any part of India:

The term 'extradition crime' means a crime which, if committed in
England or within English jurisdiction, would be one of the crimes
described int he 1st schedule to this Act:

the tem 'conviction' and convicted' do nt include or refer to a
conviction which under foreighn lawa is a conviction for conturmacy, but





the term 'accused person includes a person sn convicted for con-
tumacy:
the term ' fugitive crinlinal ' means any person accused or convicted,
of an extradition crime committed within the 'urisdictlon of ain. foi.ei<yii
State who is in or is suspected of being in some part of Hei. Majesty's
Dominions ; and the term ' fugitive criminal of a forei (so. State ' mean
a fumtive, criminal. accused or convicted of an extradition c rillie coill-
mitted within flip, jurisdiction of that State
[definition of secretary of state rep. 56 & 57 Vict. c. 54.]
the term 'Police magistrate' means a Chief Magistrate of the Metro-
politan Police Courts, or One of the other Magistrates of the Meiropolitan
Police Court in Bow Street.
the term ' Justice of the Peace ' includies in Scotland an-,- Sheriff,
Sheriff's Substitute, or -Magistrate.
the term ' warrant ' in the, case of any foreign State, includes any
judicial document authorising the arrest of a person acciised or Convicted
of crime.
Repeal, of
27. The Auts specified in the 3rd schedule io this Act are hereby
repealed as to the wholc, of Her Majesty's Dominions ; and this Act
(with the exception of anything contained in it whcih is, inconsisteni
with the treaties referred to in the Acts so repealed) shall apply (as,
regards crimes committed either before or after the passing of this Act),
in the case of the foreimi States with which those treaties are made, in
the same manner as if an Order in Council referring to such +reaties
had been made in pursuance of this Act, and as if such Order had
directed that everY law and Ordinance which is in force in any British
possession ivith respect to such treaties should have effect as part of
this Act.
[last para., rep. 46 & 47 Vict. c. 39.1

FIRST SCHEDULE.

List of Criines.
The following list of crimes is to be construed according to the law
existing in England, or in a 'British possession, (as the case may be),
at the date of the alleged crime, whether by common law or by statute
made before or after the passing of this Act ..-
Murder, and attempt and conspirary to murder.
Manslaugther.
Counterfeiting and altering money and uttering counterfeit or altered
money.
Forgery, counterfeiting, and altering, and uttering, what is forged or
counterfeited or altered.
Embezzlement and larceny.





Obtaining money or goods by false pretences.
Crimes by bankrupts against baDkruptey law.
Fraud by a bailee, banker, agent, factor, trustee, or director, or public
officer of am- companY made criminal by any Act for the time being
in force..
Rape.
Abduction.
Child-stealing.
Burglary and housebreaking.
Arson,
Robbery nith violence.
Threats by letter or otherwise with intent to extort.
Piracy by law of nations.
Sinking or destroying a vessel at sea, or attempting or conspiring to

Assaults on board a ship on the high seas- with inteni to destroy life
or to do grievous bodily harm.
Revolt or conspiracy to revolt by two or more persons on board a
ship on the high seas against the authority of the master.

[36 & 37 -Vict. c. 60. schedule.]
Kidnapping and false imprisonment.

Perjury, and subornation of perjury, whether under common or
statute law.
Ally indictable offence under the Larceny Act, 1861, or any Act
amending or substituted for the same, which is not included in the 1st
schedule to the principal Act.
Any indictable offence under the Malicious Dainage Act, 1861, or any
Act amending or substituted for the same, which is not included in the
1st schedule to the principal Act.
Any indictable offence under the Forgery Act, 1861, or ally Act
amending or substituted for the sanie, which is not included in the 1st
schedule to the principal Act.

Any, indictable offence under the Coinage Offences Act, 1861, or any
Act amending or substituted for the same, which is not included in the
1st schedule to the principal Act.
Any indictable offence under the Offences against the Person Act, 1861,
or any Act amending or substituted for the same, which is not included
it, the 1st schedule to the principal Act.
Any indictable offence under the laws for the time being in force in
relation to bankruptcy which is not included in the 1st schedule to the
principal Act.

[6 Edw. VII, c. 151
Bribery.





[36 & 37 Vict.C. 88, s. 27] Offences, committed against this Act
(Slave Trade Act, 1873) or the enactments with whcih this Act
is to be construed as one or otherwise in connexion with the salve
trade, whether committed on the high seas or on land, or partly on
the high seas and partly on land.

SECOND SCHEDULE.

Form of Order of Secretary of State to the Police Magistrate,
To the Chief Magistrate of the Metropolitan Police Courts or other Majistrate of the
metropolitan Police Court in Bow Street [or the Stopendiary Magistrate at ].

wheras in pursuance of an arrangement with, referred to in an Order
of Her majesty in Council dated the day of , a requsitio has been
made to me, one of Her Majesty's Principal Secretaries of State, by
the Diplomatic Representative of ,for the surrender of ,late of
accused [ or convicted] of the commission of the crime of within of
jurisdiction of : Now I hereby by htis my order under my hand and seal,
signify to you that such requisition has been made, and requrie you to issue your warrant
for the apprehension of such fugitive, provided that the conditions of the Extradition
Act, 1870, relating to the issue of such warrant, are in you judgment complied with.

Given under the hand and seal of the undersigned,one of HerMajesty's Principal
Secretaries of State, this day of 1.

Form of Warrant of Apprchension by Order of Secretary of State.
Metroolitan Police District, [or } To all and each of the constables of the Metropolitan
County or Borough of ] to wit.} Police Force [or of the County or Borough of
].

Whereas theright Honourable one of Her Majesty's Principal Secreatries of
state by order under his hand and seal hath signified to me that requsition hath been
duly made to him for the surrender of late of accused[or convicted]
of the commission of the crime of within thejurisdiction of ;This
is therfore to command you in Her Majesty's name forthwith to apprehend the said
pursuant to the Extradition Act, 1870, wherever he may be found in the
United Kingdom or Isle of man, and bring im before me or some other [*Magistrate
sitting in this Court], to show cause why he should not be surrendered in pursuance of
the said Extradition Act, for which this shall be your warrant.

Given under my hand and seal at [*Bow street, one of the Police Courts of the
Metropolitan Police Courts of the metropolis] this day of 1

Form of Warrant of Apprehjension without Order of Secretary of State.

Metropolitan Police District [ or } Toall and each of the constables of the Metropolitan
County or Borough of ] to wait. } Police force [ or of the County or Borough of
].

Whereas it has been shown to the undersigned, one of Her Mjaesty's Justrices of the
Peace in and for the Metropolitan Police District [or the said County or Borough
of ] that late of is accused [or convicted] of the commission
of the crime of within he jurisdiction of this is therfore to com-
mand you in Her Majesty's name forthwith to apprehend the said and to bring
him before me or some other Magistrate sitting at this Court [or one of Her mahesty's
Justices of the peace in and for the County [ or Borough] of to be further dealt
with according to law, for which this shall be our warrant.

Given under my hand and seal at Bow Street, one of the Police Courts of the Metropolis,
[or in the Conty or Borough aforesaid] this day of












Form of Warrant for bringing prisioner before the Police magistrate.
County or Borough of } To constable of the POlice force of and to all
to wit. } otehr Peace Officers of the said County [or Brough]
} of

Whereas late of accused [or alleged to be convicted] of the commission
of the crime of within the jurisdiction of has been apprehended and brought
before the undersigned, one of Her majesty's Justices of the peace in and for the said
County [or Borough] of : and whereas by the Extradition Act, 1870, he is requir-
ed to be brought before theChief Magistrate of the Metropolitan Police Court, or one of
the Police Magistrates of the Metropolis sitting at Bow Street, within the metropolitan
Police Distric [or the Stipendiary magistrate for ]: This is therefore to com-
mand you the said constable in Her Majesty's name forthwith to take and covey the
said to the metropolitan police District [or the said ] and thee cary him
before the said chief Magistrate or one of the Police Magistrates of teh metropolis sitting
at Bow Street within the said District [or before a Stipendiary magistrae stting in the
said ] to show cause why he should not be surrendered in pursuance of hte
Extradition Act, 1807, and otherwise to be dealt with in accordance with law, for which
this shall be your warrant.

Given under my band and seal at in the county [or Borough] aforesaid,
this day of 1

Form of Warrant of Committal.

Metropolitan Polce District [or } To one of the constables of teh Metropolitan
County or Borough of ] to wit. } Police Force,[or of the Police Forc of the county
} or Borough of ], and to the keeper of the

Be it remembered that, on this day of in the year of our Lord
,late of is brought before me the Chief Magistrate of teh Metropolitan
Police Court [or one of the Police magistrates of the Matropolis] sitting at the Police
Court in Bow Street, within the metropolitan polive distric, or a Stripendiary Magistrate
for .] to show cause why he should not be surrendered in pursuance of the
Extradition Act, 1870, on the ground of his being accused [or convicted] of the commis-
sion of the crime of within the jurisdictio of , and forasmuch as
no sufficent cause has been shown to me why he should not be surrendered in pursuance
of the said Act:

This is therefore to command you teh said constable i Her majesty's name forthwith,
to convey and deliver the body of the said into the custody of the said keeper
of the at ,and you the said keeper to receive the said
into your custody and him there safely to keep until he is thence delivered pursant to
the provisions of the said Extraditio Act, for which this shall be your warrant.

Given under my hand and seal at Bow Street one of the Police Courts of the Metropolis
[or at the said ]this day of 1 J.P.

Form of Warrant of Secretary of State for surrender of Fugitive

To the keeper of and to
whereas late of accused [or convicted ] of the commission
of teh crime of whthin the jurisdiction of ,was delivered into the
custody of you the keeper of by warrant datted pursuant to
the Extradition Act 1870;

Now I do hereby, in pursuance of the said Act, order your the said keeper to deliver the
body of the said into the custody of the said . and I command you the
said , to receive the said into you custody,and to convey him
within the jurisdiction of the daid and there place him in the custody of any
person or persons appointed by the said to receive him of which this shall
be your warrant.

Given under the hand and seal of the undersigned, one of Her Majesty's Principal
Secretaries of State, this day of 1

THIRD SCHEDULE








ACT OF 1873-36 & 37 VICT. c. 60.

An Act to amend the Extradition Act. [5th August, 1873.]

1. This Act sliall be construed as one with the Extradition Act, 1870,
(in this Act referred to as the principal Act), and the principal Act and
this Act may be cited together as teh Extradition Acts, 1870 and 1873,
and this Act may be cited alone as the Extradition Act, 1873.

2. Whereas by section 6 of the principal Act it is enacted as follows*

and whereas dobuts have arisen as to the application of teh said section
to crimes committed before the passing of the principal Act,and it is
expedient to remove such doubts, it is therefore hereby delared
that:- A crime committed before the date of the Order includes in the
said section a crime committed before the passing of the principal Act,
and the principal Act and shall be construed accordingly.

3. Whereas a person who is accessory before or after the fact, or
counsels, procures, commands, aids, or abets the commission of any in-
dictable offence, is by English law liable to be tried and punished as if
he were the principal offender, but doubts have arisen whether such per-
son as well as the principal offender can be surrendered under the prin-
cipal Act, and it is expedient to remove such doubts; it is therefore
hereby declared that:- Every person who is accused or convicted of
having couselled, procured, commanded, aided, or abetted the com-
mission of any extraditio crime, or of being accessory before or after
the fact to any extradition crime, shall be deemed for the purposes of
the principal Act and this Act to be accused or convicted of having
committed such crime, and shall be liable to be apprehended and
surrendered accordingly.

4. Be it declared, that the provisions of teh Principal Act relating to
depositions and statements on oath taken in a foreign State, and copies
of such original depostiions and statements, do and shall extend to
affirmation staken in a foreign State, and copies of such affirmations.

5. A Secretary of State may, by order under his hand and seal, re-
quire a Police magistrate or a Justice of the Peace to take evidence for
the purposes of any eriminal matter pending in any court or tribunal in
any foeign State; and the Police Magistrate or Justice of the peace, upon
the receipt of such order, shall take the evidence of every witness appear-
ing before hime for the purpose in like manner as if such witness appeared
on a charge against some defendant for an indictable offence, and shall




certify at the foot of the depositions so taken that such evidence was
taken before him, and shall transmit the same to the Secretary of State;
such evidence may be taken in the presence or absence of the person
charged, if any, and the fact of such presence or absence shall be stated
in. such deposition.

Any person may, after payment or tender to him of a reasonable sum
for his costs and expenses in this behalf, be compelled, for the purposes
of this section, to attend and give evidence and ansiver questions and
produce documents, in like manner and subject to the like conditions as
he may in the case of a charge preferred for an indictable offence.

Every person who wilfully gives false evidence before a Police Magis-
trate or Justice of the Peace under this section shall be nguilty of
perjury.

Provided that nothing in this section shall apply in the case of any
criminal matter of a political character.

6. The Jurisdiction conferred by section 16 of the principal Act on a
Stipendiary Alagistrate, and a Sheriff or Sheriff Substitute, shall be
deemed to be in addition to, and not in derogation or exclusion of the
jurisdiction of the, Police Magistrate.

7. For the purposes of the principal Act and this Act a diplomatic
representative of a foreign State shall be deemed to include ally person
recognised by the Secretary of State as a Consul-General of that State,
and a Consul or Vice-Consul shall be deemed to include any person
recognised by the Govenor of a British possession as a consular officer
of a foreign State.


8. The principal Act shall be construed as if there were included in
the first schedule to that Act the list of crinies contained in the schedule
of this Act.
[for schedule, see additions to schedule of 33 & 34 Vict. c. 52 ; p. 130.]

ACT OF 1895-58 & 59 VICT. c. 33.

An Act to amend the Extradition Acts, 1870 and 1873, so far as
respects the Magistrate by whom and the place in which the
case may be heard and the Criminal held in custody.

[614 July, 1895.]

L-(1) Where a fugitive criminal has been apprehended in pan, uance
of a warrant under s. 8 of the Extradition Act, 1870, and a Secretary
of State on representation made by or on behalf of the criminal is of
opinion that his removal for the purpose of bis case being heard at Bow
Street will be dangeroas to his life or prejudicial to his health, the





Secretary of State, if it appears to him consistent with the Order in
Council under the Extradition Act 1870, applicable to the case, may in
his discretion by order, stating the reasons for such opinion, direct the
case to be heard before such Magistrate as is named in the order, and at
the place in the United Kingdom at which the criminal was apprehended,
or for the time being is.
.(2) The Magistrate may be, if the place is in England, a Metropolitan
Police Magistrate or a Stipendiary Magistrate, and if it is in Scotland, a
Sheriff or Sheriff-Substitute, and if it is in Ireland, any Stipendiary
Magistrate and the Magistrate hearing the case in pursuance of the order
shall for that purpose be deemed to be a Police Magistrate within the
meaning of the Extradition Act, 1870, and also shall have the same
jurisdiction, duties, and powers, as near as may be, and may commit to
the same prison as if he were a Magistrate for the county, borough, or
place in which the hearing takes place.
(3) Provided that, when the fugitive criminal is committed to prison
to await his surrender, the committing Magistrate, if of opinion that it
will be dangerous to the life or prejudicial to the health of the prisoner
to remove him to prison may order him to be held in custody at the
place in which he for the time being is, or any other place named in the
order to which the Magistrate thinks he can be removed without danger
to his life or prejudice to his health, and while so held he shall be
deemed to be in legal custody, and the Extradition Acts, 1870 and 1873,
shall apply to him as if he were in the prison to which lie is committed,
and the forms of warrant used under the said Acts may be varied
accordingly.

2. This Act may be cited as the Extradition Act, 1895, and shall
be construed together with the Extradition Acts, 1870 and 1873 ; and
those Acts and this Act may be cited collectively as the Extradition
Acts, 1870 to 1895.

ACT OF 1906-6 EDW. VIL, 0. 15.

An Act to include Bribery amongst Extradition Crimes.
[4th August, 1906.]

WITEREAS a, Convention has been concluded between His Majesty and
the President of the United States for including in the list of crimes on
account of which extradition may be granted certain offences, and amongst
others bribery:
And whereas it is provided by the said Convention that it shall come
into force within ten days after publication in conformity with the laws
of the High Contracting Parties:





And whereas bribery is not at present included in the list of crinies in.
the 1st schedule to the Extradition Act, 1870, and the said Convention.
cannot, be published in conformity with the laws of the United Eingdoni.
until bri bery is so 1 ncluded

1. The Extradition Act, 1870, shall be construed as if bribery were
included in the list of crimtes in the 1st schedule to that Act.

2. This Act inav be. cited as the Extradition Act, 1906 ; and the,
Extradition Acts, 1870 to 1895, and this Act may be cited togetheras the
Extradition Acts, 1870 to 1906.

EXTRADITION TREATIES.

have been made with the following contries

Country. Date of Order in Council

Argentine Republic, 1889........................... 29th Jan., 1894
Austria Hungary, 1873 ............................. 17th March, 1874
Declarateion ,1901 ................................ 15th Sept,. 1902
Belgium, 1901 ..................................... 6th March, 1902
supplementary Convention, 1907 .................... 6th July. 1907
bolivia, 1892 ..................................... 23rd Oct., 1898
Brazil, 1872 ...................................... 20th Nov., 1873
Protocol, 1872 .................................... ,,
Chile, 1897 ....................................... 9th Aug., 1898
Colombia, 1888 .................................... 28th Nov., 1889
Cuba, 1904 ........................................ 10th May, 1905
Demark,1873 ....................................... 26th June, 1873
Ecuador, 1880...................................... 26th June, 1886
France, 1876 ...................................... 16th May, 1878
Syookenebtary Convention, 1896 .................... 22nd Feb., 1896
Germany, 1872 ..................................... 25th June. 1872
German Dependencies, 1894 ......................... 2nd Feb., 1895
Greece, 1910 ...................................... 13th Feb., 1912
Guatemala, 1885 ................................... 26th Nov., 1886
Hayti, 1874........................................ 5th Feb., 1876
Italy, 1873 ....................................... 24th March, 1873
Liberia, 1892 ..................................... 10th March, 1894
Luxemburg, 1880 ................................... 2nd Mrach, 1881
Mexico, 1886 ...................................... 6th April, 1889
Monaco, 1891....................................... 9th May, 1892
Netherlands, 1898 ................................. 2nd Feb., 1889





Nicaragua, 1905 ................................ 11th May., 1906
Norway, 1873 ................................... 30th Sept., 1873
Agreement, 1907 ................................ 6th July, 1907
Panama, 1906 ................................... 12th Aug., 1907
Peru, 1904 ..................................... 7th May., 1907
Portugal, 1892 ................................. 3rd March, 1894
Roumania, 1893 ................................. 30th April, 1894
Protocols, 1893,1894 ........................... ,,
Russia, 1886 ................................... 7th March, 1887
Salvador, 1881 ................................. 16th Dec., 1882
Servia, 1900 ................................... 3th March, 1900
Siam, Treaty 1883, art.6 (between Bristish Bruma
and theneighbouring Siamese territories of
Chiengmai, Lakon and Lampoonchi

Spain ,1878 27th Nov., 1878
Supplementary Declaration, 1889
Sweden, 1873 30th Sept., 1873
Agreement, 1907 12th Aug., 1907
Switaerland, 1880 18th May, 1881
supplementary covention, 1905 29th May., 1905
Tonga, 1879 30th Nov., 1882
Protocol, 1882 '
Tunis, 1889 1st May, 1890

United States of America-

Ashbourton Treaty, 1842m arts. X and XI [cf.
Extradition Act of 1870, s.27]

convention, 1889 21st March, 1890
supplementary convention, 1900 26th June, 1901
Supplementary convention, 1905 11th Feb., 1907
Uruguay, 1884 5th March., 1885
Protocol, 1891 24th Nov., 1891
Short title. Where arrangement for surrender of criminals made, Order in Council to apply Act. Restricitions on surrender of criminals. Provisions of arrangement for surrender. Publication and effect of Order. Liability of criminal to surrender. Act of 1870. Order of Secretary of State for issue of warrant in United Kingdom if crime is not of a political character. Issue of warrant by Police Magistrate Justice, &c. Act of 1870. Hearing of case and evidence of political character of crime. Committal or discharge of prisoner. Surrender of fugitive to foregin State by Secretary of State. Act of 1870. Discharge of persons apprehended if not conveyed out of United Kingdom within 2 months. Execution of warrant of Police Magistrate. Depositions to be evidence. Authentication of depositions and warrants. Act of 1870. Jurisdiction as to crimes committed at sea. Proceedings as to fugitive criminals in British possessions. Act of 1870. Saving of laws of British possessions. Criminal surrendered by foreign State not triable for previous crime. As to use of forms in 2nd schedule. Revocation. &c., of Order in Council. Application of Act in Channel Is- Act of 1870. Land and Isle of Man. Saving for Indian treaties. Power of foreign State to obtain evidence in United Kingdom. Foreign State includes dependencies. Definition of terms - British possession. Legislature. Governor. Extradition crime. Conviction. Act of 1870. Fugitive criminal. Fugitive criminal of a foreign State. Police Magistrate. Justice of the Peace. Warrant. Repeal of Acts in 3rd schedule. Act of 1870. 21 & 25 Vict. C. 96 24 & 25 Vict. C. 97 24 & 25 Vict. C.98 24 & 25 Vict. C.99 24 & 25 Vict. C. 100 Act of 1870. [*alter as required] Act of 1870. Act of 1873. Construction of Act and short title. Explanation of sect.6 of Act of 1870. Liability of accessories to be surrendered. Explanation of sect.14 of Act of 1870 as to statements on oaths including affirmations. Power of taking evidence in United Kingdom for foreign criminal matter. Act of 1873. Explanation of sect. 16 of Act of 1870. Explanation of diplomatice representative and consul. Addition to list of crimes in schedule. Hearing case else where than at Bow Street. Act of 1895. Short tile and construction. Act of 1906. 33 & 34 Vict. C. 52. Addition of bribery to list of extradition crimes. Short title.

Short title. Where arrangement for surrender of criminals made, Order in Council to apply Act. Restricitions on surrender of criminals. Provisions of arrangement for surrender. Publication and effect of Order. Liability of criminal to surrender. Act of 1870. Order of Secretary of State for issue of warrant in United Kingdom if crime is not of a political character. Issue of warrant by Police Magistrate Justice, &c. Act of 1870. Hearing of case and evidence of political character of crime. Committal or discharge of prisoner. Surrender of fugitive to foregin State by Secretary of State. Act of 1870. Discharge of persons apprehended if not conveyed out of United Kingdom within 2 months. Execution of warrant of Police Magistrate. Depositions to be evidence. Authentication of depositions and warrants. Act of 1870. Jurisdiction as to crimes committed at sea. Proceedings as to fugitive criminals in British possessions. Act of 1870. Saving of laws of British possessions. Criminal surrendered by foreign State not triable for previous crime. As to use of forms in 2nd schedule. Revocation. &c., of Order in Council. Application of Act in Channel Is- Act of 1870. Land and Isle of Man. Saving for Indian treaties. Power of foreign State to obtain evidence in United Kingdom. Foreign State includes dependencies. Definition of terms - British possession. Legislature. Governor. Extradition crime. Conviction. Act of 1870. Fugitive criminal. Fugitive criminal of a foreign State. Police Magistrate. Justice of the Peace. Warrant. Repeal of Acts in 3rd schedule. Act of 1870. 21 & 25 Vict. C. 96 24 & 25 Vict. C. 97 24 & 25 Vict. C.98 24 & 25 Vict. C.99 24 & 25 Vict. C. 100 Act of 1870. [*alter as required] Act of 1870. Act of 1873. Construction of Act and short title. Explanation of sect.6 of Act of 1870. Liability of accessories to be surrendered. Explanation of sect.14 of Act of 1870 as to statements on oaths including affirmations. Power of taking evidence in United Kingdom for foreign criminal matter. Act of 1873. Explanation of sect. 16 of Act of 1870. Explanation of diplomatice representative and consul. Addition to list of crimes in schedule. Hearing case else where than at Bow Street. Act of 1895. Short tile and construction. Act of 1906. 33 & 34 Vict. C. 52. Addition of bribery to list of extradition crimes. Short title.

https://oelawhk.lib.hku.hk/items/show/1041

1912

v3

19