CHINESE EXTRADITION ORDINANCE, 1889
Title
CHINESE EXTRADITION ORDINANCE, 1889
Description
ORDINANCE No. 7 OF 1889.
Chinese Extradition
AN ORDINANCE to amend the Law relatinf to the Extradition of
Chinese Criminals.
[9th November,1889.]
WHEREAS by Article XXI of the Treaty between Her Majesty
and the Emperor of China done at Tientsin on the 26th day of
June,1858,it was agreed and concluded that if criminals,subjects of
China,shall take refuge in Hongkong or on board the British ships there
they shall,upon due requisition by the Chinese authorities,be searched
pedient to amend the law for the more effective carrying out of the said
treaty in relation to thw surrender of criminals,subjects of China, who
take refage in Hongkong or on board the British ships there;
Be it there enacted by the Governor of Hongkong,with the advice
and consent of the Legislative Council thereof,as follows:-
1.This Ordinance may be citeed as the Chinese Extradition Ordinance,
1889.
2.In this Ordinance,unless the context otherwise requires,-
'Extradition crime' means a crime which,if committed in the
Colony,would be one of the crimes mentioned in the First Schedule
to this Ordinance:
'Fugitive criminal' means any subject of China accused of an
extradition crime committed within the jurisdiction of China or on
board a Chinese ship on the high seas,who is or is suspected of
being in Hongkong or on board a British ship there:
The crimes mentioned in the said Schedule shall be construed ac-
cording to the law in force in the Colony at the date of the alleged
crime.
3.The provisions of this Ordinance shall apply to the surrender of
criminals under any future arrangement that may be made by Her
Majesty with the Emperor of China with respect to the surrender of
fugitive criminals,as well as to their surrender under any treaty in
force at the commencement of this Ordinance.
4.The following restrictions shall be observed with respect to the
surrender of fugitive criminals:-
(1.)a fugitive criminal shall not be surrendered if the offence in re-
spect of which his surrender is demanded is one of a political
character or if he proves,to the satisfaction of the Magistrate,or of
a Judge of the Supreme Court,if brought before the Court on a
writ of Habeas Corpus,or of the Governor ,that the requisition
for his surrender has in fact been made with a view to try an offence
which is not an extradition crime.
(2.)a fugitive criminal who has been accused of an offence within
British Jurisdiction,not being an offence for which his surrender
is demanded,or who is undergoing sentence under any conviction
in the Colony,shall not be surrendered until after he has been
discharged,whether by acquittal or on expiration of his sentence
or otherwise;and
(3.)a fugitive criminal shall not in any case be surrendered unless an
engagement is given by the Chinese Governor that he shall not,
until he has been restored or had an opportunity of returning to
Her Majesty's Dominions,be detained or tried than the extradition
crime on which the surrender is demanded.
5.Every fugitive criminal who is in the Colony shall be liable to be
apprehended and surrendered in manner provided by this Ordinance,
whether the crime in respect of which the surrender is demanded was
committed before or after the commencement of this Ordinance and
whether there is or is not any concurrent jurisdiction in any Court in
the Colony over that crime.
6.Whenever a requisition for the surrender of a fugitive criminal who
is in or suspected of being in the Colony is made to the Governor by
some officer of the Chinese Government,the Governor may,by order
under his hand and seal,signify to a Magistrate that such requisition has
been made,and require him to issue his warrant for the apprehension of
the fugitive criminal.
7.A Magistrate,on receipt of the said order,shall issue his warrant
for the apprehension of the fugitive criminal,or,if the fugitive criminal
is already in custody,shall issue his order to all necessary persons to
bring the fugitive criminal before him to be dealt with according to this
Ordinance.
8.-(1.)A Magistrate may also issue his warrant for the apprehension
of a fugitive criminal on such information or complaint as would,in his
opinion,justify the issue of a warrant if the crime had been committed
in the Colony.
(2.)A fugitive criminal apprehended on a warrant so issued shall be
discharged by the Magistrate,unless the Magistrate,within such time
as,with reference to the circumstances of the case,he may think reason-
able,receives from the Governor an order signifying that a requisition
has been made for the surrender of such fugitive criminal.
9.-(1.)When a fugitive criminal is brought before a Magistrate,the
Magistrate shall hear the case in the same manner and have the same
jurisdiction and powers,as nearly as may be,as if th eprisoner were
brought before him charged with an indictable offence committed in the
Colony:Provided always that-
(a.)in any case where the extradition crime alleged is murder,
manslaughter,piracy,burglary,housebreaking,or robbery with
violence,and the accused person has not resided in the Colony
more than six months during the period of twelve months im-
mdiately prior to the date of his being so brought before the Ma-
gistrate,the Magistrate may receive in evidence copies of any
such depositions relating to the charge as purport to have been
taken in China in the presence of a British Consular Officer,and
are accompanied by a certificate in English,purporting to be a
certificate by such Officer,that such copies are true copies of the
originals and that the original depositions have been respectively
read over to the respective deponents.that they respectively
appeared to understand the same,and that,to the best of such
Officer's belief,no compulsion had been used in obtaining such
depositions;
(b.)translations in English of such depositions,if certified by which
British Consular Officer to be correct translations,may accom-
pany the certified copy of the depositions,and in such case such
translations may be received in evidence in the same manner as
the originals;
(c.)any copies of depositions received in evidence,or,if necessary,
a tranlation thereof,shall be read over to the fugitive criminal,
if he so desires,and he shall be asked if he was any valid cause
to show why he should not be committed to gaol to await the
order of the Governor;
(d.)the burden of proof that a fugitive criminal has resided in this
Colony more than six months,during the period mentioned in
clause(a.)of this prociso,shall lie on such fugitive criminal;
and
(e.)in every case proof of the identity of the fugitive criminal must
be given,to the satisfaction of the Magistrate.
(2.)The Magistrate shall receive any evidence which msy me tendered
to show that the crime of which the prisoner is accused is an offence of a
political character or is not an extradition crime.
10.-(1.)If,at the hearing before a Magistrate,such evidence is
produced as would,subject to the provisions of this Ordinance,justify
the committal of the fugitive criminal for trial at the Supreme Court if
the crime of which he is accused had been committed in the Colony,the
Magistrate shall commit him to Victoria Gaol to await the further order
of the Governor,but otherwise shall order him to be discharged.
(2.)If the Magistrate commits the fugitive criminal to Victoria Gaol,
he shall thereupon inform teh fugitive criminal that he will not be sur-
rendered until after the expiration of fifteen days from the date of such
committal and that he has a right to apply to the Supreme Court for a
writ of Habeas Corpus,and the Magistrate shall forthwith send to the
Governor the depositions and other evidence in the case,together with
a report thereon and in particular in relation to-
(a.)the lapse of time since the commission of the extradition crime;
(b.)the length of residence in the Colony and the character of the
fugitive criminal;and
(c.)any circumstances throwing suspicion on the origin or nature
of the charge made.
11.Before ordering a fugitive criminal to be discharged,the Magis-
trate shall cause notice of his intention to make such order to be served
on the Crown Soliitor.
12.-(1.)On the expiration of fifteen days from the date of the
Magistrate's order of committal,or,if a writ of Habeas Corpus has been
issued and if,on the return to the writ,the Supreme Court has not
discharged the fugitive criminal,immediately after the decision of the
Court,or after such further period in either case as the Governor may
allow,the Governor may,by warrant under his land and seal,order the
fugitive criminal to be surrendered to such person as the Governor con-
siders to be authorized to receive him on behalf of the Chinese authori-
ed always that whenever the Governor,from the Magistarte's report or
otherwise,has reason to suppose that any fugitive criminal who has been
committed to Victoria Gaol to await the further order of the Governor has been resident in the Colony for one year or upwards,the depositions
and evidence taken before the Magistrate on the investigation of the
case shall,together with the Magistrate's report thereon,be considered
by the Governor-in-Council,who shall be assisted in such consideration
by the Chief justice,and the Governor-in-Council shall decide whether
such fugitive criminal shall be surrendered or not.
(2.)If the fugitive criminal while in the Colony escapes out of any
custody into which he has been delivered in pursuance of a Magistrate's
warrant as aforesaid,it shall be lawful for any Police officer or con-
stable to take him without warrant and to restore him to the custody
from which he has escaped,and for the person from whose custody the
fugitive criminal has escaped to retake him or receive him from such
Police officer or constable and to hold him at all times as upon the
original warrant.
13.Except where any proceedings are actually pending upon a writ
of Habeas Corpus before the Supreme Court and in such case with the
concurrence in writing of the Judge having cognizance thereof,the
Governor may at any time,by order under his hand and seal,discharge
a fugitive criminal from custody.
14.If a fugitive criminal who has been committed to prison under
this Ordinance to await the order of the Governor is not surrendered and
conveyed out of the Colony within two months after such committal,
and Judge of the Supreme Court may,on application made to him by
or on behalf of the fugitive criminal and on proof that reasonable notice
of the intention to make such application has been given to the Crown
Solicitor,order the fugitive criminal to be discharged out of custody,
unless sufficient cause is shown to the contrary.
15.Every person who is accused or convicted of having counselled,
procured,commanded,aided,or abetted the commission of any extradi-
tion crime or of being accessory before the fact to any extradition crime
shall be deemed,for the purposes of this Ordinance,to be accused or
convicted of having committed such crime,and shall be liable to be ap-
psrehended and surrendered accordingly.
16.If any action or suit is brought against a Magistrate,the Super-
intendent of Victoria Gaol,a gaoler,Police officer,constable,or any
other person for anything done under or in obedience to any warrant or
order issued under the provisions of this Ordinance,the proof of such
warrant or order shall be a sufficient answer to such action or suit,and
the defendant,on such proof as aforesaid,shall be entitled to a verdict
or judgment accordingly and shall also be entitled to all costs of suit.
17.The forms in the Second Schedule to this Ordinance or forms
to the like effect,with such variations and additions as circimstances
may require,may be used for the purposes therein indicated and ac-
cording to the directions therein contained,and instruments in those
forms shall (as regards the form thereof) be valid and sufficient.
SCHEDULES.
THE FIRST SCHEDULE.
LIST OF EXTRADITION CRIMES.
1.Murder and attempt to murder.
2.Manslaughter.
3.Malicious wounding.
4.Counterfeiting or altering money,or uttering or bringing into circulation
counterfeit or altered money.
5.Forgery,or counterfeiting,or altering,or uttering what is forged, or
conterfeited,or altered,comprehending the crimes designated in the laws of
the Colony as counterfeiting or falsification of paper money,bank notes,or
other securities,forgery or other falsification of other public or private docu-
ments,likewise the uttering,or bringing into circulation,or wilfully using
such counterfeited,forged,or falsified papers.
6.Embezzlement or larceny.
7.Receiving stolen goods.
8.Obtaining money or goods by false pretences.
9.Crimes against bankruptcy law.
10.Fraud committed by a bailee,banker,agent,factor,trustee,or director,
or member or public officer of any company,made criminal by any law for
the time being in force.
11.Rape.
12.Abduction.
13.Child-stealing.
14.Kidnapping.
15.False imprisonment.
16.Burglary or housebreaking.
17.Arson.
18.Robbery with violence.
19.Threats by letter or otherwise with intent to extort.
20.Piracy,whether by the law of nations or by municipal law.
21.Sinking or destroying a vessel at sea,or attempting to do so.
22.Assault on board a ship on the high seas,with intent to destroy life
or to do grievous bodily harm.
23.Revolt,or conspiracy to revoke,by two or more persons on board a ship
on the high seas,against the authority of the master.
24.Perjury or subornation of perjury.
25.Malicious injury to property,if the offence is indictable.
26.Any indictable offence under the Offences against the Person Ordi-
nance,1865,or any Ordinance amending or substituted for the same,which is
not included in the foregoing list.
27.Any indictable offence under the Forgery Ordinance,1865,or any Or-
dinance amending or substitued for the same,which is not included in the
foregoing list.
28.Any indictable offence under the Larceny Ordinance,1865,or any Or-
dinance amending or substituted for the same,which is not included in the
foregoing list.
29.Any indictable offence under the Coinage Offences Ordinance,1865,
or any Ordinance amending or substituted for the same,which is not included
in the foregoing list.
THE SECOND SCHEDULE.
FORMS.
FORM No. 1,
Order by the Governor to a Magistrate to issue his Warrant.
By His Excellency Governor and Commander-in-Chief
of the Colony of Hongkong and its Dependencies.
To
Police Magistrate.
Whereas requisition has been made to me by for the sur-
render of late of accused of the commission
of the crime of without the jurisdiction of China:Now I
hereby,by this order under my hand and seal,signify to you that such
requistion has been made,and require you to issue your warrant for the
apprehension of such fugitive.
Given under my hand and seal at Victoria,Hongkong,this day of
,1
(Signed.)
[L.S.]
Governor.
By Command,
(Signed.)
Colonial Secretary.
FORM No. 2.
Warrant of Apprehension by Order of the Governor.
HONGKONG.
IN THE POLICE COURT AT
To all and each of the Constables of the Colony.
Whereas His Excellency the Governor, ,by order
under his hand and seal,has signified to me that requistion has been duly
made to him for the surrender of ,late of ,accused
of the commission of the crime of within the jurisdiction of
China:This is ,therefore,to command you,in Her Majesty's name,forthwith
to apprehend the said wherever he may be found in the
Colony,and bring him before me or some other Magistrate sitting in this
Court,to show cause why he should not be surrendered in pursuance of the
Chinese Extradition Ordinance,1889;for which this shall be your warrant.
Dated the day of ,1
(Signed.)
[L.S.]
Magistrate.
FORM No.3.
Order to bring before a Magistrate a fugitive Criminal
already in Custody.
HONGKONG.
TO THE POLICE COURT AT
To the Superintendent of Victoria Gaol and to all and each of the
Constables of the Colony.
Whereas His Excellency the Governor, ,by order
under his hand and seal,has signified to me that requistion has been duly
made to him for the surrender of ,late of ,accused
of the commission of the crime of within the jurisdiction of
China:This is,therefore,to command you,in Her Majesty's name,forthwith
to bring the said before me or some other Magistrate sitting
in this Court,to be dealt with according to the provisions of the Chinese Ex-
tradition Ordinance,1889:for which this shall be ypur warrant.
Dated the day of ,1 ,
(Signed.)
[L.S.]
Magistrate.
FORM No. 4.
Warrant of Apprehension without Order of the Governor.
HONGKONG.
IN THE POLICE COURT AT
To all and each of the Constables of the Colony.
Whereas it has been shown to me,the undersigned,a Magistrate of the
said Colony,that ,late of ,is accused of
the commission of the crime of within the jurisdiction of China:
This is,therefore,to command you,in Her Majesty's name,forthwith to ap-
prehend the said and to bring him before me or some other
Magistrate sitting in this Court,to be further dealt with according to law;
for which this shall be your warrant.
Dated the day of ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 5.
Warrant of Committal.
HONGKONG.
IN THE POLICE COURT AT
To one of the Constables of the Colony,and to the
Superintendnent of Victoria Gaol.
On this day of ,1 , ,late of ,is brought
before me,a Magistrate of the said Colony,to show cause why he should not
be surrendered in pursuance of the Chinese Extradition Ordinance,1889,on
the ground of his being accused of the commission of the crime of
within the jurisdiction of China;and forasmuch as no pursuance
of the said Ordinance:This is,therefore,to command you,the said Constable,
in Her Majesty 's name,forthwith to convey and deliver the body of the said
into the custody of the Superintendent of Victoria Gaol,and
you,the said Superintendent,to receive the said into your
custody,and him there safely to keep until is thence delivered pursuant
to the provisions of the said Ordinance;for which this shall be your warrant.
Dated the day of ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 6.
Warrant of the Governor for the Surrender of a Fugitive Criminal.
By His Excellency ,Governor and Commander-in-Chief
of the Colony of Hongkong and its Dependencies.
To the Superintendent of Victoria Gaol and to
Hongkong
to wit.}Whereas ,late of ,accused of the
commission of the crime of within the jurisdiction of China,
was delivered into the custody of you ,the Superintendent of
Victoria Gaol,by warrant dated the day of ,1 ,pursuant
to the Chinese Extradition Ordinance,1889:Now I do hereby,in pursuance
of the said Ordinance,order you,the said Superintendent,to deliver the body
of the said into the custody of the said ,and I
command you,the said ,to receive the said and
there place him into the custody of ,who is authorized by the
Chinese authorities to receive him;for which this shall be your warrant.
Given under my hand and seal at Victoria,Hongkong,this day of
,1 .
(Signed.)
[L.S.]
Governor.
By Command.
(Signed.)
Colonial Secretary.
FORM No. 7.
Order of Discharge by the Governor.
By His Excellency ,Governor and Commander-in-Chief
To the Superintendent of Victoria Gaol.
Whereas one is now in your custody as a fugitive criminal
under the provision of the Chinese Extradition Ordinance,1889;and where-
as it has been determined that no warrant shall be granted for the surrender
of the said :Now I do hereby order and require you to dis-
charge the said from custody under the said Ordinance.
Givem under may hand and seal at Victoria,Hongkong,this day of
,1 .
(Signed.)
[L.S.]
Governor.
By Command.
(Signed.)
Colonial Secretary. A.D. 1889. Ordinance No. 26 of 1889, with Ordinance No. 23 of 1897 incorporated. Short title. Interpretation of terms. First Schedule. Application of the Ordinance. Restrictions on surrender of fugitive criminal. Liability of fugitive criminal to be surrendered. Requisition to Governor and order to Magistrate for warrant of apprehension. Duty of Magistrate on receipt of order. Power to issue warrant as in ordinary case. Procedure on fugitive criminal being brought before Magistrate. Committal of prison or discharge. Notice to Crown Solicitor before discharge. Warrant for surrender, etc. Power to Governor to order discharge. Discharge if not surrendered within two months or on application to Judge. Aiders and abettors in extradition crime. Protection of Magistrate and others acting under warrant or order. Use of Forms Second Schedule. Section 2. No. 2 of 1865. No. 4 of 1865. No. 5 of 1865. No. 7 of 1865. Section 17.
Chinese Extradition
AN ORDINANCE to amend the Law relatinf to the Extradition of
Chinese Criminals.
[9th November,1889.]
WHEREAS by Article XXI of the Treaty between Her Majesty
and the Emperor of China done at Tientsin on the 26th day of
June,1858,it was agreed and concluded that if criminals,subjects of
China,shall take refuge in Hongkong or on board the British ships there
they shall,upon due requisition by the Chinese authorities,be searched
pedient to amend the law for the more effective carrying out of the said
treaty in relation to thw surrender of criminals,subjects of China, who
take refage in Hongkong or on board the British ships there;
Be it there enacted by the Governor of Hongkong,with the advice
and consent of the Legislative Council thereof,as follows:-
1.This Ordinance may be citeed as the Chinese Extradition Ordinance,
1889.
2.In this Ordinance,unless the context otherwise requires,-
'Extradition crime' means a crime which,if committed in the
Colony,would be one of the crimes mentioned in the First Schedule
to this Ordinance:
'Fugitive criminal' means any subject of China accused of an
extradition crime committed within the jurisdiction of China or on
board a Chinese ship on the high seas,who is or is suspected of
being in Hongkong or on board a British ship there:
The crimes mentioned in the said Schedule shall be construed ac-
cording to the law in force in the Colony at the date of the alleged
crime.
3.The provisions of this Ordinance shall apply to the surrender of
criminals under any future arrangement that may be made by Her
Majesty with the Emperor of China with respect to the surrender of
fugitive criminals,as well as to their surrender under any treaty in
force at the commencement of this Ordinance.
4.The following restrictions shall be observed with respect to the
surrender of fugitive criminals:-
(1.)a fugitive criminal shall not be surrendered if the offence in re-
spect of which his surrender is demanded is one of a political
character or if he proves,to the satisfaction of the Magistrate,or of
a Judge of the Supreme Court,if brought before the Court on a
writ of Habeas Corpus,or of the Governor ,that the requisition
for his surrender has in fact been made with a view to try an offence
which is not an extradition crime.
(2.)a fugitive criminal who has been accused of an offence within
British Jurisdiction,not being an offence for which his surrender
is demanded,or who is undergoing sentence under any conviction
in the Colony,shall not be surrendered until after he has been
discharged,whether by acquittal or on expiration of his sentence
or otherwise;and
(3.)a fugitive criminal shall not in any case be surrendered unless an
engagement is given by the Chinese Governor that he shall not,
until he has been restored or had an opportunity of returning to
Her Majesty's Dominions,be detained or tried than the extradition
crime on which the surrender is demanded.
5.Every fugitive criminal who is in the Colony shall be liable to be
apprehended and surrendered in manner provided by this Ordinance,
whether the crime in respect of which the surrender is demanded was
committed before or after the commencement of this Ordinance and
whether there is or is not any concurrent jurisdiction in any Court in
the Colony over that crime.
6.Whenever a requisition for the surrender of a fugitive criminal who
is in or suspected of being in the Colony is made to the Governor by
some officer of the Chinese Government,the Governor may,by order
under his hand and seal,signify to a Magistrate that such requisition has
been made,and require him to issue his warrant for the apprehension of
the fugitive criminal.
7.A Magistrate,on receipt of the said order,shall issue his warrant
for the apprehension of the fugitive criminal,or,if the fugitive criminal
is already in custody,shall issue his order to all necessary persons to
bring the fugitive criminal before him to be dealt with according to this
Ordinance.
8.-(1.)A Magistrate may also issue his warrant for the apprehension
of a fugitive criminal on such information or complaint as would,in his
opinion,justify the issue of a warrant if the crime had been committed
in the Colony.
(2.)A fugitive criminal apprehended on a warrant so issued shall be
discharged by the Magistrate,unless the Magistrate,within such time
as,with reference to the circumstances of the case,he may think reason-
able,receives from the Governor an order signifying that a requisition
has been made for the surrender of such fugitive criminal.
9.-(1.)When a fugitive criminal is brought before a Magistrate,the
Magistrate shall hear the case in the same manner and have the same
jurisdiction and powers,as nearly as may be,as if th eprisoner were
brought before him charged with an indictable offence committed in the
Colony:Provided always that-
(a.)in any case where the extradition crime alleged is murder,
manslaughter,piracy,burglary,housebreaking,or robbery with
violence,and the accused person has not resided in the Colony
more than six months during the period of twelve months im-
mdiately prior to the date of his being so brought before the Ma-
gistrate,the Magistrate may receive in evidence copies of any
such depositions relating to the charge as purport to have been
taken in China in the presence of a British Consular Officer,and
are accompanied by a certificate in English,purporting to be a
certificate by such Officer,that such copies are true copies of the
originals and that the original depositions have been respectively
read over to the respective deponents.that they respectively
appeared to understand the same,and that,to the best of such
Officer's belief,no compulsion had been used in obtaining such
depositions;
(b.)translations in English of such depositions,if certified by which
British Consular Officer to be correct translations,may accom-
pany the certified copy of the depositions,and in such case such
translations may be received in evidence in the same manner as
the originals;
(c.)any copies of depositions received in evidence,or,if necessary,
a tranlation thereof,shall be read over to the fugitive criminal,
if he so desires,and he shall be asked if he was any valid cause
to show why he should not be committed to gaol to await the
order of the Governor;
(d.)the burden of proof that a fugitive criminal has resided in this
Colony more than six months,during the period mentioned in
clause(a.)of this prociso,shall lie on such fugitive criminal;
and
(e.)in every case proof of the identity of the fugitive criminal must
be given,to the satisfaction of the Magistrate.
(2.)The Magistrate shall receive any evidence which msy me tendered
to show that the crime of which the prisoner is accused is an offence of a
political character or is not an extradition crime.
10.-(1.)If,at the hearing before a Magistrate,such evidence is
produced as would,subject to the provisions of this Ordinance,justify
the committal of the fugitive criminal for trial at the Supreme Court if
the crime of which he is accused had been committed in the Colony,the
Magistrate shall commit him to Victoria Gaol to await the further order
of the Governor,but otherwise shall order him to be discharged.
(2.)If the Magistrate commits the fugitive criminal to Victoria Gaol,
he shall thereupon inform teh fugitive criminal that he will not be sur-
rendered until after the expiration of fifteen days from the date of such
committal and that he has a right to apply to the Supreme Court for a
writ of Habeas Corpus,and the Magistrate shall forthwith send to the
Governor the depositions and other evidence in the case,together with
a report thereon and in particular in relation to-
(a.)the lapse of time since the commission of the extradition crime;
(b.)the length of residence in the Colony and the character of the
fugitive criminal;and
(c.)any circumstances throwing suspicion on the origin or nature
of the charge made.
11.Before ordering a fugitive criminal to be discharged,the Magis-
trate shall cause notice of his intention to make such order to be served
on the Crown Soliitor.
12.-(1.)On the expiration of fifteen days from the date of the
Magistrate's order of committal,or,if a writ of Habeas Corpus has been
issued and if,on the return to the writ,the Supreme Court has not
discharged the fugitive criminal,immediately after the decision of the
Court,or after such further period in either case as the Governor may
allow,the Governor may,by warrant under his land and seal,order the
fugitive criminal to be surrendered to such person as the Governor con-
siders to be authorized to receive him on behalf of the Chinese authori-
ed always that whenever the Governor,from the Magistarte's report or
otherwise,has reason to suppose that any fugitive criminal who has been
committed to Victoria Gaol to await the further order of the Governor has been resident in the Colony for one year or upwards,the depositions
and evidence taken before the Magistrate on the investigation of the
case shall,together with the Magistrate's report thereon,be considered
by the Governor-in-Council,who shall be assisted in such consideration
by the Chief justice,and the Governor-in-Council shall decide whether
such fugitive criminal shall be surrendered or not.
(2.)If the fugitive criminal while in the Colony escapes out of any
custody into which he has been delivered in pursuance of a Magistrate's
warrant as aforesaid,it shall be lawful for any Police officer or con-
stable to take him without warrant and to restore him to the custody
from which he has escaped,and for the person from whose custody the
fugitive criminal has escaped to retake him or receive him from such
Police officer or constable and to hold him at all times as upon the
original warrant.
13.Except where any proceedings are actually pending upon a writ
of Habeas Corpus before the Supreme Court and in such case with the
concurrence in writing of the Judge having cognizance thereof,the
Governor may at any time,by order under his hand and seal,discharge
a fugitive criminal from custody.
14.If a fugitive criminal who has been committed to prison under
this Ordinance to await the order of the Governor is not surrendered and
conveyed out of the Colony within two months after such committal,
and Judge of the Supreme Court may,on application made to him by
or on behalf of the fugitive criminal and on proof that reasonable notice
of the intention to make such application has been given to the Crown
Solicitor,order the fugitive criminal to be discharged out of custody,
unless sufficient cause is shown to the contrary.
15.Every person who is accused or convicted of having counselled,
procured,commanded,aided,or abetted the commission of any extradi-
tion crime or of being accessory before the fact to any extradition crime
shall be deemed,for the purposes of this Ordinance,to be accused or
convicted of having committed such crime,and shall be liable to be ap-
psrehended and surrendered accordingly.
16.If any action or suit is brought against a Magistrate,the Super-
intendent of Victoria Gaol,a gaoler,Police officer,constable,or any
other person for anything done under or in obedience to any warrant or
order issued under the provisions of this Ordinance,the proof of such
warrant or order shall be a sufficient answer to such action or suit,and
the defendant,on such proof as aforesaid,shall be entitled to a verdict
or judgment accordingly and shall also be entitled to all costs of suit.
17.The forms in the Second Schedule to this Ordinance or forms
to the like effect,with such variations and additions as circimstances
may require,may be used for the purposes therein indicated and ac-
cording to the directions therein contained,and instruments in those
forms shall (as regards the form thereof) be valid and sufficient.
SCHEDULES.
THE FIRST SCHEDULE.
LIST OF EXTRADITION CRIMES.
1.Murder and attempt to murder.
2.Manslaughter.
3.Malicious wounding.
4.Counterfeiting or altering money,or uttering or bringing into circulation
counterfeit or altered money.
5.Forgery,or counterfeiting,or altering,or uttering what is forged, or
conterfeited,or altered,comprehending the crimes designated in the laws of
the Colony as counterfeiting or falsification of paper money,bank notes,or
other securities,forgery or other falsification of other public or private docu-
ments,likewise the uttering,or bringing into circulation,or wilfully using
such counterfeited,forged,or falsified papers.
6.Embezzlement or larceny.
7.Receiving stolen goods.
8.Obtaining money or goods by false pretences.
9.Crimes against bankruptcy law.
10.Fraud committed by a bailee,banker,agent,factor,trustee,or director,
or member or public officer of any company,made criminal by any law for
the time being in force.
11.Rape.
12.Abduction.
13.Child-stealing.
14.Kidnapping.
15.False imprisonment.
16.Burglary or housebreaking.
17.Arson.
18.Robbery with violence.
19.Threats by letter or otherwise with intent to extort.
20.Piracy,whether by the law of nations or by municipal law.
21.Sinking or destroying a vessel at sea,or attempting to do so.
22.Assault on board a ship on the high seas,with intent to destroy life
or to do grievous bodily harm.
23.Revolt,or conspiracy to revoke,by two or more persons on board a ship
on the high seas,against the authority of the master.
24.Perjury or subornation of perjury.
25.Malicious injury to property,if the offence is indictable.
26.Any indictable offence under the Offences against the Person Ordi-
nance,1865,or any Ordinance amending or substituted for the same,which is
not included in the foregoing list.
27.Any indictable offence under the Forgery Ordinance,1865,or any Or-
dinance amending or substitued for the same,which is not included in the
foregoing list.
28.Any indictable offence under the Larceny Ordinance,1865,or any Or-
dinance amending or substituted for the same,which is not included in the
foregoing list.
29.Any indictable offence under the Coinage Offences Ordinance,1865,
or any Ordinance amending or substituted for the same,which is not included
in the foregoing list.
THE SECOND SCHEDULE.
FORMS.
FORM No. 1,
Order by the Governor to a Magistrate to issue his Warrant.
By His Excellency Governor and Commander-in-Chief
of the Colony of Hongkong and its Dependencies.
To
Police Magistrate.
Whereas requisition has been made to me by for the sur-
render of late of accused of the commission
of the crime of without the jurisdiction of China:Now I
hereby,by this order under my hand and seal,signify to you that such
requistion has been made,and require you to issue your warrant for the
apprehension of such fugitive.
Given under my hand and seal at Victoria,Hongkong,this day of
,1
(Signed.)
[L.S.]
Governor.
By Command,
(Signed.)
Colonial Secretary.
FORM No. 2.
Warrant of Apprehension by Order of the Governor.
HONGKONG.
IN THE POLICE COURT AT
To all and each of the Constables of the Colony.
Whereas His Excellency the Governor, ,by order
under his hand and seal,has signified to me that requistion has been duly
made to him for the surrender of ,late of ,accused
of the commission of the crime of within the jurisdiction of
China:This is ,therefore,to command you,in Her Majesty's name,forthwith
to apprehend the said wherever he may be found in the
Colony,and bring him before me or some other Magistrate sitting in this
Court,to show cause why he should not be surrendered in pursuance of the
Chinese Extradition Ordinance,1889;for which this shall be your warrant.
Dated the day of ,1
(Signed.)
[L.S.]
Magistrate.
FORM No.3.
Order to bring before a Magistrate a fugitive Criminal
already in Custody.
HONGKONG.
TO THE POLICE COURT AT
To the Superintendent of Victoria Gaol and to all and each of the
Constables of the Colony.
Whereas His Excellency the Governor, ,by order
under his hand and seal,has signified to me that requistion has been duly
made to him for the surrender of ,late of ,accused
of the commission of the crime of within the jurisdiction of
China:This is,therefore,to command you,in Her Majesty's name,forthwith
to bring the said before me or some other Magistrate sitting
in this Court,to be dealt with according to the provisions of the Chinese Ex-
tradition Ordinance,1889:for which this shall be ypur warrant.
Dated the day of ,1 ,
(Signed.)
[L.S.]
Magistrate.
FORM No. 4.
Warrant of Apprehension without Order of the Governor.
HONGKONG.
IN THE POLICE COURT AT
To all and each of the Constables of the Colony.
Whereas it has been shown to me,the undersigned,a Magistrate of the
said Colony,that ,late of ,is accused of
the commission of the crime of within the jurisdiction of China:
This is,therefore,to command you,in Her Majesty's name,forthwith to ap-
prehend the said and to bring him before me or some other
Magistrate sitting in this Court,to be further dealt with according to law;
for which this shall be your warrant.
Dated the day of ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 5.
Warrant of Committal.
HONGKONG.
IN THE POLICE COURT AT
To one of the Constables of the Colony,and to the
Superintendnent of Victoria Gaol.
On this day of ,1 , ,late of ,is brought
before me,a Magistrate of the said Colony,to show cause why he should not
be surrendered in pursuance of the Chinese Extradition Ordinance,1889,on
the ground of his being accused of the commission of the crime of
within the jurisdiction of China;and forasmuch as no pursuance
of the said Ordinance:This is,therefore,to command you,the said Constable,
in Her Majesty 's name,forthwith to convey and deliver the body of the said
into the custody of the Superintendent of Victoria Gaol,and
you,the said Superintendent,to receive the said into your
custody,and him there safely to keep until is thence delivered pursuant
to the provisions of the said Ordinance;for which this shall be your warrant.
Dated the day of ,1
(Signed.)
[L.S.]
Magistrate.
FORM No. 6.
Warrant of the Governor for the Surrender of a Fugitive Criminal.
By His Excellency ,Governor and Commander-in-Chief
of the Colony of Hongkong and its Dependencies.
To the Superintendent of Victoria Gaol and to
Hongkong
to wit.}Whereas ,late of ,accused of the
commission of the crime of within the jurisdiction of China,
was delivered into the custody of you ,the Superintendent of
Victoria Gaol,by warrant dated the day of ,1 ,pursuant
to the Chinese Extradition Ordinance,1889:Now I do hereby,in pursuance
of the said Ordinance,order you,the said Superintendent,to deliver the body
of the said into the custody of the said ,and I
command you,the said ,to receive the said and
there place him into the custody of ,who is authorized by the
Chinese authorities to receive him;for which this shall be your warrant.
Given under my hand and seal at Victoria,Hongkong,this day of
,1 .
(Signed.)
[L.S.]
Governor.
By Command.
(Signed.)
Colonial Secretary.
FORM No. 7.
Order of Discharge by the Governor.
By His Excellency ,Governor and Commander-in-Chief
To the Superintendent of Victoria Gaol.
Whereas one is now in your custody as a fugitive criminal
under the provision of the Chinese Extradition Ordinance,1889;and where-
as it has been determined that no warrant shall be granted for the surrender
of the said :Now I do hereby order and require you to dis-
charge the said from custody under the said Ordinance.
Givem under may hand and seal at Victoria,Hongkong,this day of
,1 .
(Signed.)
[L.S.]
Governor.
By Command.
(Signed.)
Colonial Secretary. A.D. 1889. Ordinance No. 26 of 1889, with Ordinance No. 23 of 1897 incorporated. Short title. Interpretation of terms. First Schedule. Application of the Ordinance. Restrictions on surrender of fugitive criminal. Liability of fugitive criminal to be surrendered. Requisition to Governor and order to Magistrate for warrant of apprehension. Duty of Magistrate on receipt of order. Power to issue warrant as in ordinary case. Procedure on fugitive criminal being brought before Magistrate. Committal of prison or discharge. Notice to Crown Solicitor before discharge. Warrant for surrender, etc. Power to Governor to order discharge. Discharge if not surrendered within two months or on application to Judge. Aiders and abettors in extradition crime. Protection of Magistrate and others acting under warrant or order. Use of Forms Second Schedule. Section 2. No. 2 of 1865. No. 4 of 1865. No. 5 of 1865. No. 7 of 1865. Section 17.
Abstract
A.D. 1889. Ordinance No. 26 of 1889, with Ordinance No. 23 of 1897 incorporated. Short title. Interpretation of terms. First Schedule. Application of the Ordinance. Restrictions on surrender of fugitive criminal. Liability of fugitive criminal to be surrendered. Requisition to Governor and order to Magistrate for warrant of apprehension. Duty of Magistrate on receipt of order. Power to issue warrant as in ordinary case. Procedure on fugitive criminal being brought before Magistrate. Committal of prison or discharge. Notice to Crown Solicitor before discharge. Warrant for surrender, etc. Power to Governor to order discharge. Discharge if not surrendered within two months or on application to Judge. Aiders and abettors in extradition crime. Protection of Magistrate and others acting under warrant or order. Use of Forms Second Schedule. Section 2. No. 2 of 1865. No. 4 of 1865. No. 5 of 1865. No. 7 of 1865. Section 17.
Identifier
https://oelawhk.lib.hku.hk/items/show/650
Edition
1901
Volume
v1
Subsequent Cap No.
235
Cap / Ordinance No.
No. 7 of 1889
Number of Pages
10
Files
Collection
Historical Laws of Hong Kong Online
Citation
“CHINESE EXTRADITION ORDINANCE, 1889,” Historical Laws of Hong Kong Online, accessed April 20, 2025, https://oelawhk.lib.hku.hk/items/show/650.
