EXTRADITION (HONGKONG) ORDINANCE, 1875

EXTRADITION (HONGKONG) ORDINANCE, 1875

No. 5 of 1875.

An Ordinance to provide for the more convenient adminis-
tration of the Extradition Acts, 1870 and 1873.
[18 th September, 1875.]

WHEREAS by the Act of the Imperial Parliament known as the
Extradition Act, 1870, it is amongst other things enacted that the
said Act, when applied by Order in Council, shall, unless it is
otherwise provided by such Order, extend to every British posses-
sion, but with the following among other modifications, namely,
no warrant of a Secretary of State shall be required, and all
powers vested in or acts authorised or required to be done under
the said Act by the police magistrate and the Secretary of State,
or either of them in relation to the surrender of a fugitive
criminal, may be done by the Governor of the British possession
alone, and any prison in the British possession may be substituted
for a prison in Middlesex; AND WHEREAS by the said Act it is
also enacted that if by any law or Ordinance made before or after
the 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 criminals who are in or
suspected of beng in such British possession, Her Majesty may,
by the Order in Council applying the said Act in the case of any
foreign state or by any subsequent order, either suspend the opera-
tion within such British possession of the said At, or any part
therof, so far as it relates to such foreign state, and so long as
such law or Ordinance continues in force there, and no longer,

* As amended by Law Rev. Ord., 1923.


or direct that such law or Ordinance, or any part thereof, shall
have effect in such British possession, with or, without modifica-
tions and alterations, as if it were part of the said Act; AND
WHEREAS by another Act of the Imperial Parliament known as
the Extradition Act, 1873, it is enacted that the said Act shall be
coustruced as one with the Extradition Act, 1870, and that the
said two Acts may be cited, together as the Extradition Acts, 1870
and 1873; AND WHERFAS it is, expedient to provide a more
convenient method of administrating the Extradition Acts, 1870
and 1873, in this Colony:-

1. This Ordinance may be cited as the Extradition (Hong-
kong) Ordinance, 1875.

2. All powers vested in or acts authorised or required to
be done under the Extradition Acts, 1870 and 1873, by the
Secretary of State, in relation to the surrender of a fugitive
criminal, may, in respect of this Colony, be exercised and
done by the Governor.

3. All powers vested in or acts authorised or required to
be done under The Extradition Acts, 1870 and 1873, by the
police magistrate, in relation to the surrender of a fugitive
criminal, may, in respect of this Colony, be exercised and
done by any magistrate.

4. The Gaol shall be a prison for the purposes of this
Ordinance and of the Extradition, Acts, 1870 and 1873.
[Originally No. 11 of 1875. Law Rev. Ord., 1924.] 33 & 34 Vict.c. 52. Order in Council, 20th March, 1877. 36 & 37 Vict.c. 60. Short title. Powers of Secretary of State to be exercised by Governor. Powers of police magistrate to be exercised by magistrates. The Gaol to be prison for extradition.

[Originally No. 11 of 1875. Law Rev. Ord., 1924.] 33 & 34 Vict.c. 52. Order in Council, 20th March, 1877. 36 & 37 Vict.c. 60. Short title. Powers of Secretary of State to be exercised by Governor. Powers of police magistrate to be exercised by magistrates. The Gaol to be prison for extradition.

https://oelawhk.lib.hku.hk/items/show/1096

1923

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No. 5 of 1875

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