EXTRADITION ORDINANCE (HONGKONG), 1875
Title
EXTRADITION ORDINANCE (HONGKONG), 1875
Description
ORDINANCES No. 10 of 1875.
Extradition.
No.of 11 of 1875.
An Ordinance to provide for the more convenient administration
of 'The Extradition Acts, 1870 and 1873'
[2nd September, 1875.]
WHEREAS by the Act of the `Imperial Parliament known as ' The Preamble.
cr <r
Extradition Act, 1870 It is amon~st other things enacted that
the said Act when applied by Order in Council, shall, unless it is other-
ORDINANCE loo, 11 of 187 5.
Extradition.
wise provided by such order, extend to every British possession, but
with the following among other rilodifications; namely:
Short, title.
No w<Lrrant of a Secretary of State shall be required, and
all powers vested in, or acts aathorised or required to be done
under the saidet by the Police h~agistrate and the Secretary
w 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. play be substituted for a prison
in Middlesex.
And whereas by the said Act it is also enacted that: -
9
If by any lain or Ordinance oracle before or after the passim of the
said Act, by the legislature of any British possession, provision is made
for carrying into elfect,within such ,possession, the surrender of
fugitive
criminals who are in, or suspected of being in such British possession,
Her Idajesty 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 any such British possession
of the said Act, or any part thereof, so far as it relates to such
foreign state, and as so long as such law or Ordinance continuEPs
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 of 1$73 ' it is enacted that the said Act shall be
construed as one with 'The Extradition Act, 1870,' and that the said
two Acts rnay be cited together as ' t The Extradition Acts, 1870 and
1873:'
And whereas it is expedient to provide a more convenient method
of administeriug ''fhe Extradition Acts, 1870 and 1873' in this Colony
Be it therefore enacted by the Governor of Hongkong, with the
advice of the het;islative Council thereof, as follows :--
1, This Ordinance may be cited w ~~ The Extradition Ordinance
(Hongkong), 1.875.'
Powers of the 2. All powers vested in, or acts authorised or required to be
done
secretary of '
State to be under The Extradition Acts, 1870 and 1$73' by the Secretary of
State;
exercised by
the Governor. in relation*to the surrender of a fugitive criminal, mav,
in respect to this
Colony, be exercised and done by the Governor.
ORDINANCE No. 11 OF 1875.
.Extradition.
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 fa(,itive criminal, may, in respect to
this
Colony, be exercised and done by any Police Magistrate of the Colony.
4. Victoria Gaol sball be a prison for the purposes of this Ordinance
and 'The Extradition Acts, 1$70 and 1873.'
5. This Ordinance sball take effect on a clay to be hereafter proclaimed
by the Governor. - '
[In force from the 18th September, 1875, by proclamation of the 16th
September, 1875,
proclaimed also to be in force from 10th April, 18%6, by proclamation of
same date.]
Order of Her Hajesty in Council dated the 20th day of march, 1877.
Whereas by section 18 of ' The Extradition Act, 1870,' it is, among other
,things,
'enacted, that if by any law 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 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 any such British possession of the said
Act, or
41of'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 alterations,
as
'if it were part of the said Act: '
And whereas by a certain Ordinance enacted in the year 18715 by the
Governor of
Hongkong, with the advice of the Legislative Council thereof, and
numbered 11, of the
s4id year, the short title of which is 'The Extradition Ordinance
(Hongkong), 1875,'
provision is made'that all ppw,ers,vested in, or acts authorized 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 Imperial Acts are in respect of
British possessions
ested in or required to be done by the Governor alone, may, in respect of
the Colony of
Ho'ngkong, 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 Her
Majesty
Now., therefore,.tier Majesty, in pqrsuance of 'The Extradition -Act,
1870,' and in
exercise of the power in that behalf in the said Act contained, doth
bythis present order,.
by and. with the advice of Her~,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.'
And the Right Honourable the Earl of Carnarvon, one of Her Majesty's
Principal
0 Secretaries of State, is to give the necessary directions herein
accordingly.
Powers of the
Police Magis-
trate to be
exercised by
the Police
Magistrates of
the Colony.
Gaol.
Commence-
ment.
1387
Title.
Preamble.
1388
Short title.
Powers of the Secretary of State to be exercised by the Governor.
1389
Powers of the Police Magistrate to be exercised by the Police Magistrates of the Colony.
Gaol.
Commencement.
Extradition.
No.of 11 of 1875.
An Ordinance to provide for the more convenient administration
of 'The Extradition Acts, 1870 and 1873'
[2nd September, 1875.]
WHEREAS by the Act of the `Imperial Parliament known as ' The Preamble.
cr <r
Extradition Act, 1870 It is amon~st other things enacted that
the said Act when applied by Order in Council, shall, unless it is other-
ORDINANCE loo, 11 of 187 5.
Extradition.
wise provided by such order, extend to every British possession, but
with the following among other rilodifications; namely:
Short, title.
No w<Lrrant of a Secretary of State shall be required, and
all powers vested in, or acts aathorised or required to be done
under the saidet by the Police h~agistrate and the Secretary
w 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. play be substituted for a prison
in Middlesex.
And whereas by the said Act it is also enacted that: -
9
If by any lain or Ordinance oracle before or after the passim of the
said Act, by the legislature of any British possession, provision is made
for carrying into elfect,within such ,possession, the surrender of
fugitive
criminals who are in, or suspected of being in such British possession,
Her Idajesty 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 any such British possession
of the said Act, or any part thereof, so far as it relates to such
foreign state, and as so long as such law or Ordinance continuEPs
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 of 1$73 ' it is enacted that the said Act shall be
construed as one with 'The Extradition Act, 1870,' and that the said
two Acts rnay be cited together as ' t The Extradition Acts, 1870 and
1873:'
And whereas it is expedient to provide a more convenient method
of administeriug ''fhe Extradition Acts, 1870 and 1873' in this Colony
Be it therefore enacted by the Governor of Hongkong, with the
advice of the het;islative Council thereof, as follows :--
1, This Ordinance may be cited w ~~ The Extradition Ordinance
(Hongkong), 1.875.'
Powers of the 2. All powers vested in, or acts authorised or required to be
done
secretary of '
State to be under The Extradition Acts, 1870 and 1$73' by the Secretary of
State;
exercised by
the Governor. in relation*to the surrender of a fugitive criminal, mav,
in respect to this
Colony, be exercised and done by the Governor.
ORDINANCE No. 11 OF 1875.
.Extradition.
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 fa(,itive criminal, may, in respect to
this
Colony, be exercised and done by any Police Magistrate of the Colony.
4. Victoria Gaol sball be a prison for the purposes of this Ordinance
and 'The Extradition Acts, 1$70 and 1873.'
5. This Ordinance sball take effect on a clay to be hereafter proclaimed
by the Governor. - '
[In force from the 18th September, 1875, by proclamation of the 16th
September, 1875,
proclaimed also to be in force from 10th April, 18%6, by proclamation of
same date.]
Order of Her Hajesty in Council dated the 20th day of march, 1877.
Whereas by section 18 of ' The Extradition Act, 1870,' it is, among other
,things,
'enacted, that if by any law 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 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 any such British possession of the said
Act, or
41of'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 alterations,
as
'if it were part of the said Act: '
And whereas by a certain Ordinance enacted in the year 18715 by the
Governor of
Hongkong, with the advice of the Legislative Council thereof, and
numbered 11, of the
s4id year, the short title of which is 'The Extradition Ordinance
(Hongkong), 1875,'
provision is made'that all ppw,ers,vested in, or acts authorized 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 Imperial Acts are in respect of
British possessions
ested in or required to be done by the Governor alone, may, in respect of
the Colony of
Ho'ngkong, 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 Her
Majesty
Now., therefore,.tier Majesty, in pqrsuance of 'The Extradition -Act,
1870,' and in
exercise of the power in that behalf in the said Act contained, doth
bythis present order,.
by and. with the advice of Her~,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.'
And the Right Honourable the Earl of Carnarvon, one of Her Majesty's
Principal
0 Secretaries of State, is to give the necessary directions herein
accordingly.
Powers of the
Police Magis-
trate to be
exercised by
the Police
Magistrates of
the Colony.
Gaol.
Commence-
ment.
1387
Title.
Preamble.
1388
Short title.
Powers of the Secretary of State to be exercised by the Governor.
1389
Powers of the Police Magistrate to be exercised by the Police Magistrates of the Colony.
Gaol.
Commencement.
Abstract
1387
Title.
Preamble.
1388
Short title.
Powers of the Secretary of State to be exercised by the Governor.
1389
Powers of the Police Magistrate to be exercised by the Police Magistrates of the Colony.
Gaol.
Commencement.
Title.
Preamble.
1388
Short title.
Powers of the Secretary of State to be exercised by the Governor.
1389
Powers of the Police Magistrate to be exercised by the Police Magistrates of the Colony.
Gaol.
Commencement.
Identifier
https://oelawhk.lib.hku.hk/items/show/347
Edition
1890
Volume
v3
Cap / Ordinance No.
No. 11 of 1875
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“EXTRADITION ORDINANCE (HONGKONG), 1875,” Historical Laws of Hong Kong Online, accessed February 24, 2025, https://oelawhk.lib.hku.hk/items/show/347.
