CHINESE RENDITION ORDINANCE
Title
CHINESE RENDITION ORDINANCE
Description
No. 13 of 1865.
Chinese Rendition.
An Ordinance for the Rendition in certain Cases of Chinese Subjects
charted with Piracy.
[3rd July, 1865.]
WHEREAS it is expedient to make provision in certain cases for the
rendition to
the Chinese Authorities, in order that they may be tried by the tribunals
of
their own country, of such Chinese subjects as shall be brought by
officers of Her
Majesty's Navy within the jurisdiction of the Supreme Court of Hongkong
charged
with the crime of piracy: Be it enacted by His Excellency the Governor of
Hongkong,
with the advice of the Legislative Council thereof, as follows:--
1. Whenever such Chinese subjects shall be brought before a Magistrate
upon a
charge of piracy, and it shall appear at the close of the investigation
of the said charge,
that the alleged piracy has not been committed within Colonial waters, or
against
British subjects, or residents of Hongkong, tile Magistrate shall commit
such Chinese
objects for safe custody to prison, and shall forthwith transmit to the
Governor the
depositions taken by him in the course of such investigation, and all
documents in his
possession connected therewith.
2. Iislialf`be.lawful for the Governor, if in his discretion he shall
think fit so to
d.o, to issue.his warrant or order for the rendition of such Chinese
subjects to the
~Ghinese Authorities, in order that they may be tried by the tribunals of
their own
No. 13 of 1865
Chinese Rendition.
country: Provided always, that if, before the rendition of such Chinese
subjects, thei
Governor shall revoke his said warrant or order, or shall in the first
instance Beeline
to issue the same, such Chinese subjects may be committed for trial by
the said
Magistrate, and be dealt with in all other respects as if this Ordinance
had not been
passed.
3. The proof of any warrant or order issued by the Governor by virtue of
this
Ordinance shall be a sufficient jurisdiction upon the return to any writ
of habeas corpus,
and a sufficient answer to any action brought against any Magistrate,
gaoler, officer of
Police or other person for anything done in obedience to such warrant or
order, and
every, person against whom such writ shall be issued or such action
brought shall b&
entitled to a judgment or verdict in his favour, and to his costs as
between attorney
and client.
interpretation of 4. For the purposes of this Ordinance the term 'Colonial
Waters' shall mean
the waters of the Colony of Hongkong.
The form 'Magistrat©' shall mean any Police Magistrate in this Colony.
The term 'Chinese Authorities' shall mean any officer of the Chinese-
Govornment, accredited by such Government and recognised as such
officer by the Government of Hongl:oug.
The form 'Governor' shall mean the Officer Administering the Government
of Hongkong for the time being.
rrowso n9 to 5. Nothing herein contained shall be construed to affect in
any way the provisions
Ordinance No. a
of MO. of Ordinance No. 2 of 1$50.
Commencement 6. This Ordinance shall come into operation on such day as the
Governor shall
of Ordinance.
appoint by Proclamation.
[Disallowctnec proclahaaed 14th March, 1866. Repealed by Ordinance No. 4
of 1887.]
875
Title.
Preamble.
In certain cases of piracy by Chinese subjects the Magistrate shall commit such Chinese subjects to prison and shall forward the depositions to the Governor.
The Goernor may issue his warrant or order for the redition of such Chinese subjects to the
876
Chinese Authorities and revoke or cancel such warrant or order.
Protection of officers acting under the authority of this Ordinance.
Imterpretation of terms.
Proviso as to Ordinance No. 2 of 1850.
Commencement of Ordinance.
Chinese Rendition.
An Ordinance for the Rendition in certain Cases of Chinese Subjects
charted with Piracy.
[3rd July, 1865.]
WHEREAS it is expedient to make provision in certain cases for the
rendition to
the Chinese Authorities, in order that they may be tried by the tribunals
of
their own country, of such Chinese subjects as shall be brought by
officers of Her
Majesty's Navy within the jurisdiction of the Supreme Court of Hongkong
charged
with the crime of piracy: Be it enacted by His Excellency the Governor of
Hongkong,
with the advice of the Legislative Council thereof, as follows:--
1. Whenever such Chinese subjects shall be brought before a Magistrate
upon a
charge of piracy, and it shall appear at the close of the investigation
of the said charge,
that the alleged piracy has not been committed within Colonial waters, or
against
British subjects, or residents of Hongkong, tile Magistrate shall commit
such Chinese
objects for safe custody to prison, and shall forthwith transmit to the
Governor the
depositions taken by him in the course of such investigation, and all
documents in his
possession connected therewith.
2. Iislialf`be.lawful for the Governor, if in his discretion he shall
think fit so to
d.o, to issue.his warrant or order for the rendition of such Chinese
subjects to the
~Ghinese Authorities, in order that they may be tried by the tribunals of
their own
No. 13 of 1865
Chinese Rendition.
country: Provided always, that if, before the rendition of such Chinese
subjects, thei
Governor shall revoke his said warrant or order, or shall in the first
instance Beeline
to issue the same, such Chinese subjects may be committed for trial by
the said
Magistrate, and be dealt with in all other respects as if this Ordinance
had not been
passed.
3. The proof of any warrant or order issued by the Governor by virtue of
this
Ordinance shall be a sufficient jurisdiction upon the return to any writ
of habeas corpus,
and a sufficient answer to any action brought against any Magistrate,
gaoler, officer of
Police or other person for anything done in obedience to such warrant or
order, and
every, person against whom such writ shall be issued or such action
brought shall b&
entitled to a judgment or verdict in his favour, and to his costs as
between attorney
and client.
interpretation of 4. For the purposes of this Ordinance the term 'Colonial
Waters' shall mean
the waters of the Colony of Hongkong.
The form 'Magistrat©' shall mean any Police Magistrate in this Colony.
The term 'Chinese Authorities' shall mean any officer of the Chinese-
Govornment, accredited by such Government and recognised as such
officer by the Government of Hongl:oug.
The form 'Governor' shall mean the Officer Administering the Government
of Hongkong for the time being.
rrowso n9 to 5. Nothing herein contained shall be construed to affect in
any way the provisions
Ordinance No. a
of MO. of Ordinance No. 2 of 1$50.
Commencement 6. This Ordinance shall come into operation on such day as the
Governor shall
of Ordinance.
appoint by Proclamation.
[Disallowctnec proclahaaed 14th March, 1866. Repealed by Ordinance No. 4
of 1887.]
875
Title.
Preamble.
In certain cases of piracy by Chinese subjects the Magistrate shall commit such Chinese subjects to prison and shall forward the depositions to the Governor.
The Goernor may issue his warrant or order for the redition of such Chinese subjects to the
876
Chinese Authorities and revoke or cancel such warrant or order.
Protection of officers acting under the authority of this Ordinance.
Imterpretation of terms.
Proviso as to Ordinance No. 2 of 1850.
Commencement of Ordinance.
Abstract
875
Title.
Preamble.
In certain cases of piracy by Chinese subjects the Magistrate shall commit such Chinese subjects to prison and shall forward the depositions to the Governor.
The Goernor may issue his warrant or order for the redition of such Chinese subjects to the
876
Chinese Authorities and revoke or cancel such warrant or order.
Protection of officers acting under the authority of this Ordinance.
Imterpretation of terms.
Proviso as to Ordinance No. 2 of 1850.
Commencement of Ordinance.
Title.
Preamble.
In certain cases of piracy by Chinese subjects the Magistrate shall commit such Chinese subjects to prison and shall forward the depositions to the Governor.
The Goernor may issue his warrant or order for the redition of such Chinese subjects to the
876
Chinese Authorities and revoke or cancel such warrant or order.
Protection of officers acting under the authority of this Ordinance.
Imterpretation of terms.
Proviso as to Ordinance No. 2 of 1850.
Commencement of Ordinance.
Identifier
https://oelawhk.lib.hku.hk/items/show/213
Edition
1890
Volume
v2
Cap / Ordinance No.
No. 13 of 1865
Number of Pages
2
Files
Collection
Historical Laws of Hong Kong Online
Citation
“CHINESE RENDITION ORDINANCE,” Historical Laws of Hong Kong Online, accessed March 13, 2025, https://oelawhk.lib.hku.hk/items/show/213.
