RENDITION OF CHINESE ORDINANCE

RENDITION OF CHINESE ORDINANCE

Nature of war-
rant in each
case.

ORDINANCE No: 2 of 1850.

lienditzon of Chinese.

No. 2 of 1850.

~nslb An Ordinance to provide for the more efTective carrying out of
fheTreaties between Great Britain and China in so far as relates to.-

Chinese Subjects within the Colony of Hongkong.

[20th March, 1850. r`

Preamble. ~AERE.AS by the Treaties between Great Britain and China
provision is made
~O a.tlyo.aa of ~I ~/ for the rendition for trial to officers of their own
country of such subjects of
iezt.h.
China as have committed crimes and offences against their own Government,
and
afterwards taken refuge in Hongkong:--
powsrio-nragte. 1. Be it therefore enacted and ordained by His Excellency
the Governor of Hong-
trateB to
Ghlncea subjects kong.,with the advice of the Legislative Council thereof,
that if any complaint or
having commit-
tee offences information, or an communication b any officer of the Chinese
Government be made
againet the laws ~ y y y
oPChtna, and
taken refuge m or forwarded to any Magistrate or Court, (other than the
Supreme Court,) desiring
Hongkong. the arrest of any person being a Chinese subject and then within
the said Colony o£

Hongkong, and alleging that such person has committed, or is charged with
having
committed, any crime or offence against the laws of China, or if it shall
appear in the
course of any investigation before such Magistrate or Court that any
person being a
subject of China has committed any such crime or offence, it shall and
may .be. lawful`
for such Magistrate or Court to issue a summons or warrant for the
appearance or
apprehension of such person; or if such person be already in custody, it
shall.be lawful.
to detain such person, and to investigate the alleged crime or offence in
the same
manner as if such person were charged with a crime or indictable offence
committed,
within the said Colony.
2. And be it further enacted and ordained, that in any such warrant of
arrest or
any subsequent warrant of committal or other warrant, it shall be
sufficient to describe
the crime or offence of such person in terms the same as, or similar to,
those contained,,
in such complaint, information, or communication aforesaid.

=dtlons in 3. knd be it further enacted and ordained, that if at the close
of the said inves,-.:.
0 case to be
forwaraeato tigation it shall appear to the said Magistrate or Court, that
such person as aforesaid
the Governor.
is a subject of China, and that there is probable cause for believing
that the said person,-
has committed such crime or offence, it shall and may be lawful for such
Magistrate or
Court to commit such person for safe custody to prison, and to direct the
jailer -to
detain such person in prison until the said jailer shall receive some
order or o>ders,:
from the Governor of Hongkong, relative to the further detention,,
discharge, ox trans-
-
mission of such person to the nearest Chinese authorities or, to .such
other Chinese-.:- .

authorities as to the said Governor shall seem fit: and the said
Magistrate ox Court : -
=r
shall, upon making .such committal as aforesaid, transmit to the said
Governor of ::-
Hongkong the minutes of such investigation, and all documents in his or
,its .posseasioir ~:
connected with the charge against such person, in order that such person
may be dealt'
with according to the Treaties aforesaid.
Rendition of Chinese.

Ordinance No. 2 of 1850.

4. And be it further enacted and ordained, that it shall be, lawful for.
the said

Governor to issue his warrant or order to any Magistrate, jailer, or
officer of Police,
for the apprehension, detention, examination, transmission, or otherwise
of such,
Chinese subject.
5: And be it further enacted and ordained, that if any action be brought
against any
Magistrate, jailer, officer of Police, or any other person, for anything
done in obedience
to any such warrant or order issued by the said Governor of Hongkong, the
proof of
such -warrant or order shall be a sufficient answer to such action, and
the, defendant or
defendants; on.,auch proof as aforesaid, shall be entitled to a verdict
or judgment in
his or their favour, and shall also be entitled to his or their costs as
between attorney
and client.

8. And be it further enacted and ordained, that in the construction of
this Inter~retetton.
clans
Ordinance, the term Magistrate shall be held to apply to each and all
Magistrat8s of
Police and justices of the Peace for the Colony of Hongkong.

[Repealed by Ordinance No. 26 of 1889.]
Title.
Preamble. [Extended by Ord. No. 2 of 1871.]
Power to Magistrates to detain Chinese subjects having committed offences against the laws of China, and taken refuge in Hongkong.
Nature of warrant in such case.
Depositions in such case to be forwarded to the Governor. Governor may order Magistrate, &c., to arrest Chinese subjects having committed offences against the laws of China.
Protection to Magistate, jailer, or officer of Police, acting under authority of Governor of Hongkong.
Interpretation clause.
Title.
Preamble.
Chuurch in future to be designated the Cathedral Church of St. John. Feethereof vested in the trustees and their successors.

Title.
Preamble. [Extended by Ord. No. 2 of 1871.]
Power to Magistrates to detain Chinese subjects having committed offences against the laws of China, and taken refuge in Hongkong.
Nature of warrant in such case.
Depositions in such case to be forwarded to the Governor. Governor may order Magistrate, &c., to arrest Chinese subjects having committed offences against the laws of China.
Protection to Magistate, jailer, or officer of Police, acting under authority of Governor of Hongkong.
Interpretation clause.
Title.
Preamble.
Chuurch in future to be designated the Cathedral Church of St. John. Feethereof vested in the trustees and their successors.

https://oelawhk.lib.hku.hk/items/show/62

1890

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No. 2 of 1850

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