EXTRADITION (HONG KONG) ORDINANCE

EXTRADITION (HONG KONG) ORDINANCE

LAWS OF HONG KONG

EXTRADITION (HONG KONG) ORDINANCE

CHAPTER 236





CHAPTER 236.

EXTRADITION (HONG KONG).

To provide for the more convenient administration of the Extradition
Acts.

(Amended, 27 ol 1937, Schedule)

[18th 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
possession, 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 authorized 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 criminal who are in or suspected of being 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 operation within such British possession
of the said Act, or any part thereof, so far as it relates to such
foreign state, and so long as such law or Ordinance 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 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
construed 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 WHEREAS the First Schedule to the Extradition Act 1870, was
extended to divers crimes by the Extradition Act 1873, to slave
trade offences by the Slave Trade Act 1873, to bribery by the
Extradition Act 1906, to offences relating to dangerous drugs by
the Extradition Act 1932, and to offences in connexion with
counterfeit currency by the Counterfeit Currency (Convention)
Act 1935:





AND WHEREAS it is expedient to provide a more convenient
method of administering the Extradition Acts 1870 and 1873,
as so extended, in the Colony:
(Amended, 20 of 1936, s. 4)

1.This Ordinance may be cited as the Extradition (Hong
Kong) Ordinance. (Amended, 5 of 1924, s. 6)

2.All powers vested in or acts authorized or required to
be done under the Extradition Acts 1870 and 1873, as so extend
ed, by the Secretary of State, in relation to the surrender of a
fugitive criminal, may, in respect of the Colony, be exercised and
done by the Governor. (Amended, 20 of 1936, s. 4)

3. All powers vested in or acts authorized or required to
be done under the Extradition Acts 1870 and 1873, as so extend-
ed. by the police magistrate, in relation to the surrender of a
fugitive criminal. may, in respect of the Colony, be exercised and
done by any magistrate.
(Amended, 50 of 1911, s. 4; 21 of 1912, s. 2, and 20 of
1936, s. 4)

4. Every prison for the time being set apart as such under
the Prisons Ordinance, shall be a prison for the purposes of this
Ordinance and of the Extradition Acts 1870 and 1873, as so
extended.
(Amended, 20 of 1936, s. 4, and 27 of 1937, Schedule)
Originally 11 of 1875. (Cap. 236, 1950.) 50 of 1911. 21 of 1912. 5 of 1924. 20 of 1936. 27 of 1937. Preamble. 33 & 34 Vict. c. 52. Order in Council, 20th March, 1877. 36 & 37 Vict. c. 60. 36 & 37 Vict. c. 60, s. 8. 36 & 37 Vict. c. 88, s. 27. 6 Ed. 7, c. 15, s. 1. 22 & 23 Geo. 5, c. 39, s. 1. 25 & 26 Geo. 5, c. 25, s. 4. Short title. Powers of Secretary of State to be exercised by Governor. Powers of police magistrate to be exercised by magistrates. Prisons for extradition. (Cap. 234.)

Originally 11 of 1875. (Cap. 236, 1950.) 50 of 1911. 21 of 1912. 5 of 1924. 20 of 1936. 27 of 1937. Preamble. 33 & 34 Vict. c. 52. Order in Council, 20th March, 1877. 36 & 37 Vict. c. 60. 36 & 37 Vict. c. 60, s. 8. 36 & 37 Vict. c. 88, s. 27. 6 Ed. 7, c. 15, s. 1. 22 & 23 Geo. 5, c. 39, s. 1. 25 & 26 Geo. 5, c. 25, s. 4. Short title. Powers of Secretary of State to be exercised by Governor. Powers of police magistrate to be exercised by magistrates. Prisons for extradition. (Cap. 234.)

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