EXTRADITION ORDINANCE, (HONGKONG), 1875

EXTRADITION ORDINANCE, (HONGKONG), 1875

ORDINANCE NO. 5 OF 1875.

Extradition Ordinance, (Hongkong), 1875.

AN ORDINANCE to provide for the more convenient administration
of 'the extradition acts, 1870 and 1873.
[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 follwoing amony 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 criminals who are in or suspected of being in
such british possession, her mjesty 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 stae,
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 it is expedient
to provide a more convenient method of administering 'the extradition
acts, 1870 an 1873,' in this colony:
BE it therefore enacted by the governor of hongkong, with the advice
of the legislative council thereof, as follows:0
1 this ordinace may be cited as the extradition ordinance, (hongkong),
1875.
2 all powers vested in or acts authorized or rquired 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 authorized 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 police magistraate of the colony.
4 victoria gaol shall be a prison for the purposes of this ordinance
and of 'the extradition acts, 1870 and 1873.' A.D. 1875. Ordinance No. 11 of 1875 See Her Majesty's Order-in-Council of the 20th March, 1877. Short title. Powers of Secretary of State under Extradition Acts to be exercised by Governor. Powers of Police Magistrates under Extradition Acts to be exercised by Police Magistrates of the Colony. Victoria Gaol to be prison for extradition purposes.

A.D. 1875. Ordinance No. 11 of 1875 See Her Majesty's Order-in-Council of the 20th March, 1877. Short title. Powers of Secretary of State under Extradition Acts to be exercised by Governor. Powers of Police Magistrates under Extradition Acts to be exercised by Police Magistrates of the Colony. Victoria Gaol to be prison for extradition purposes.

https://oelawhk.lib.hku.hk/items/show/595

1901

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No. 5 of 1875

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