CHINESE EXTRADITION ORDINANCE, 1889
Title
CHINESE EXTRADITION ORDINANCE, 1889
Description
No. 7 of 1889.
To amend the law relating 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 26th 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 for, and, on proof of their guilt, be delivered up:
AND WHEREAS it is expedient to amend the law for the more
effective carrying ont of the said trenty in relation to the
surrender of criminals , subjects of Chine who take refuge in
Honghong or on board the British ships there:-
1. The Chinese Extradition Ordinance,
2. In this Ordinance,-
'Extradition crime' mean a crime which if committed in the
Colony, would be one of the crimes mentioned in the 1st schedule
'Fugitive criminal 'means any subject of china accused of an
extradition crime committed within the jurisdiction of China or on
board a Chinese ship oii 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
according to the law in force in the Collony at the date of the
alleged crime.
- Chinese Government'includess the Viceory or other officer
administering a Provincial Government.
3. The provisions of this Ordinance shall apply to the surrender
of criminals under any future arrangement that may be made by
His Majesty with China 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 crimimal shall notbe surrender if the offence in
respect 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 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 or punish him for an offence
of a political character or for an offence which is not an extradition
crime;
(2) a fugitive criminal who has been accused of an offence within
British Juridiction, not being in 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
OT otherwise; and
(3) a fugitive criminal shall not in any case be surrendered unless
an engagement is given by the Chinese Governinent that he shall
not, until lie has been restored or had an opportunity of returning
to His Majesty's Dominions, be detained or tried in China for any
offence committed before his surrender other 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
Asarnended by No. 51 of 1911 and the Final Revision Ordinalice
1912.
As ainended by No. 61 of 1911 and No. 62 of 1911.
Ordinance, whether the crime in respect of which the surrender
is demanded was committed before or after tbe commencement of
this Ordinance and whether there is or is not any concurrent juris-
diction in any Court in the Colony over that crime.
6. Whenever a requistion for the surrender of a fugitive
criminal who is in or suspected of being 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 sald 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 appre-
hension 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 clircumstances of the
case, he may think reasonable, receives from the Governor an
order signifying that a requisition has been made for the surrender
of such fugitive criminal.
g.- (1) When a fugitive criminal is brought before a Magis-
trate, the Magistrate shall hear the case, in the same manner and
have the same jurisdiction and powers, as nearly as may be, as
if the prisoner 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 6 months during the period of 12 months immediately
prior to the date of his being so brought hefore the Magistrate,
the Magistrate may receive in evidence copies of any such de-
positions relating to the charge, as purport to have been taken in
China in the presence of a British consular officer, and are accom-
panied 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
such 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 neces-
sary, a translaltion thereof, shall be read over to the fugitive
criminal, if be so desires, and be shall be asked if he has any valid
cause to show why lie 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 6 months, during the period mentioned in
clause (a) of thils proviso, 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 Majistrate shall receive any evidence which may be
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
Suprenic Court ifthe crime of which he is accused had been
committed in the Colony, the Magistrate shall commit him to the
Gaol to awalt the further order of the Governor, but otherwise
shall order him to be discharged.
(2) If, Magistrate commits the fugitive criminal to the
Gaol, lie shall thereupon inform the fugitive criminal that he will not
be surrendered until after the expiration of 15 days from the date
of such committed and that lie has a right to apply to the Supreme
Court for a writ of habeas corpus and the Magistrate shall forth-
with send to the Governor the depositions and other evidence in,
the case, together with a report thereon and in particular in
relation to-
* 4s amended by No. 50 of 1911.
(a.) the lapse of time since the commission of the extradition
crime;
(b) the length of residence in the Colonly 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
Magistrate shall cause notice of his intention to make such order
to be served on the Crown Solicitor.
12.-(1) On the expiration of 15 days from the date of the
Magistrate's order of committal, or, if a writ 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 hand and seal,order the fugitive criminal to be sur-
rendered to such person as the Governor considers to be authorised
to receive him on behalf of the Chinese authorities, and the furgitive
criminal shall be surrendered accordingly: Provided always that
whenever the Governor, from the Magistrate's report or other-
wise, has reason to suppose that any fugitive criminal who has
been committed to the 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 cause shall, together with the Magistrate's
report thereon, be considered by the Governor-in-council , who
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 constable to take him without warrant and to restore hin,
to the custody from which he has escaped, and for the person from
whose custody the furgitive criminal has escaped to retake him or
receive him from such 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 hebeas corpus before the Supreme Court, and in such case
with the concurrence in writing of the Judge having cognizance
thereof, the Govemor may at any time, by order under his hand
and seal, discharged a fugitive criminal from custory.
14. If a fugitive criminal who has been committed to prison
under this Ordiriance to await the order of the Governor is not
surrendered and conveyed out of the Colony within 2 months after
such committal, a Judge may, on application made to him by or
on behalf of the fugitive criminal and on proof that reasonable
notice of the intention to inake 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 coun-
selled, procured, commanded, aided, or abetted the commission of
any extradition crime or of being accessory before the fact to any
extradition crime shall be deemed, for the purposes of this Ordi-
nance, to bc accused or convicted of having committed such crime,
and shall be liable to be apprehended and surrendered accordingly.
16. If any action or suit is brought against a Magistrate, the
Superintendent of the Gaol, a gaoler, police officer, or any other
person for anything done under or in obedience to any warrant or
order issued 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, sball be
entitled to a verdict, or Judgment accordingly and shall also be
entitled to all costs of suit.
17. The forms in the 2nd schedule or forms to the like effect,
with such variation and additions are circumstances may require,
may be used for the purposes therein indicated and according to
the directions therein contained, and instruments in those forms
shall (as regards the forin thereof) be valid and sufficient.
FIRST SCHEDULE.
LiST OF EXTRADITION CRIMES.
Is. 2.]
i. Murder and attempt to murder.
2. Manslaughter.
3. Malicious wounding.
4. Counterfeiting or altering money, or uttering or bringing into circulation counter-
feit or altered money.
As amended by No. 62 of 1911.
As amended by No. 50 of 1911 and No. 51 of 1911.
.4s amended by No. 50 of 1914.
5. Forgery, or countefeithing, or altering, or uttering what is forged, or counter-
feited, or altered, comprehending the crimes designated in the laws of the Colony
as counterfeiting or falsification of paper money, bank notes, or otlier securities,
forgery or other falsification of other public or private document, likewise the utter-
ing, or bringing into circulation, or wilfully using such counterfeited, forged, or falsi-
fied 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 bailce, 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.
18. Child-stealing.
14. Kidnapping.
15. False imprisonment.
IG. Burlary or house-breaking.
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 sea , wiht intent to dstroy life or to do
grievous bodily harm.
23. Revolt, or conspiracy to revolt, by two or more persons on board a ship on the
high seas, against the authority of the master.
24. Perjury or subornation of perjupy.
25. Malicious injury to property, if the offence is indictable.
26. Any indictable offence under,-
(a) the Offences against the Person Ordinance, 1865,
(b) the Forgery Ordinance, 1865,
(c) the LarceDy Ordinance, 1865,
(d) the Coinage Offences Ordinance, 1865,
ur any Ordirnance amending or substituted for the same, which is not included in the
foregoing list.
SECOXD SCHEDULE.
FORM No. 1 . [s.6.]
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
Magistrate.
Whereas requisition has been made to me by for the surrender
of late of accused of the commission
of the crime of within the jurisdiction of China : Now I hereby,
by this order under by hand and seal, signify to you that such resquisition 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
19
[L.s] (signed) Governor
FORM No.2.
Warrant of application by Order of the Governor.
HONGKONG,
IN THE POLICE COURT AT
To all and each of the Constable of the Colony.
Whereas His Excellency the Governor, by order under
his hand and seal, has Signified to me that requisition 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 his majesty's name, forthwith to apprehend
the said wherever be 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 ,19.
[L.s.] (siged.) magistrate.
FORM NO. 3. [S.7.]
Order to bring before a magistrate a Fagitive criminal already in custody.
HONGKONG.
IN THE POLICE COURT AT
To the superintendent of 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 requisition 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 his 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 extradition ordinance, 1889; for which this shall be your
warrant.
dated the day of ,19.
[L. s.] (signed ) 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 , magistrate of the said colony,
that , late of , is accused of the
commission of the crime of witbin the jurisdiction of China: This is,
therefore, to command you, in His Majesty's name, forthwith to apprehend 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 ,19.
[L.s] (Signed.) Magistrate.
FORM No. 5. [s. 10.]
Warrant of committal.
HONGKONG.
IN THE POLICE COURT AT
To one of the constables of the Colony, and to the superintendent
of Gaol.
On this day of ,19, ,late of . , is
brought before me, a Magistrate of the said Colony, to show cause whyy 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 sufficient cause has been
shown to me why he should not be surrendered in pursuance of this said Ordinance :
This is, therefore, to command you, the said Constable, in His Majesty's name, forth-
with to convey and deliver the body of the said into the
custody of the Superintendent of the Gaol, and you , the said superintendent, to receive
the said into your custody, and him there safely to keep until he
is thence delivered pursuant to the provisions of the said Ordinance; for which this
shall be your warrant.
Dated the day of , 19 .
[L.S.] (Signed.) Magistrate.
FORM NO. 6. [s. 12.]
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 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 the
Gaol, by warrant dated the day of ,19.
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 authorised 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
,19.
[t.s.] (signed.) Governor. Form No. 7. [s.13.]
order of discharge by the covernor .
by his excellency , governor and commander-in-chief
of the colony of Hongkong and its Dependencies.
To the Superintendent of Gaol.
Whereas one is now in your custody as a fugitive criminal under
the provision of the chinese extradition ordinance , 1889; and whereas 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 discharge the said
custody under the said Ordinance.
Given under my hand and seal at Victoria, Hongkong, this day of
' 19 .
[L.s.] (signed.) governor.
Short title. Interpretation of terms. 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 to prison or discharge. Notice to Crown Solicitor before discharge. Warrant for surrender, etc. Power to Governor to order discharge. Discharge if not surrendered within 2 months. Aiders and abettors in extradition crime. Protection of Magistrate and other acting under warrant or order. Forms. No. 2 of 1865. No. 4 of 1865. No. 5 of 1865. No. 7 of 1865.
To amend the law relating 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 26th 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 for, and, on proof of their guilt, be delivered up:
AND WHEREAS it is expedient to amend the law for the more
effective carrying ont of the said trenty in relation to the
surrender of criminals , subjects of Chine who take refuge in
Honghong or on board the British ships there:-
1. The Chinese Extradition Ordinance,
2. In this Ordinance,-
'Extradition crime' mean a crime which if committed in the
Colony, would be one of the crimes mentioned in the 1st schedule
'Fugitive criminal 'means any subject of china accused of an
extradition crime committed within the jurisdiction of China or on
board a Chinese ship oii 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
according to the law in force in the Collony at the date of the
alleged crime.
- Chinese Government'includess the Viceory or other officer
administering a Provincial Government.
3. The provisions of this Ordinance shall apply to the surrender
of criminals under any future arrangement that may be made by
His Majesty with China 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 crimimal shall notbe surrender if the offence in
respect 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 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 or punish him for an offence
of a political character or for an offence which is not an extradition
crime;
(2) a fugitive criminal who has been accused of an offence within
British Juridiction, not being in 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
OT otherwise; and
(3) a fugitive criminal shall not in any case be surrendered unless
an engagement is given by the Chinese Governinent that he shall
not, until lie has been restored or had an opportunity of returning
to His Majesty's Dominions, be detained or tried in China for any
offence committed before his surrender other 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
Asarnended by No. 51 of 1911 and the Final Revision Ordinalice
1912.
As ainended by No. 61 of 1911 and No. 62 of 1911.
Ordinance, whether the crime in respect of which the surrender
is demanded was committed before or after tbe commencement of
this Ordinance and whether there is or is not any concurrent juris-
diction in any Court in the Colony over that crime.
6. Whenever a requistion for the surrender of a fugitive
criminal who is in or suspected of being 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 sald 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 appre-
hension 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 clircumstances of the
case, he may think reasonable, receives from the Governor an
order signifying that a requisition has been made for the surrender
of such fugitive criminal.
g.- (1) When a fugitive criminal is brought before a Magis-
trate, the Magistrate shall hear the case, in the same manner and
have the same jurisdiction and powers, as nearly as may be, as
if the prisoner 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 6 months during the period of 12 months immediately
prior to the date of his being so brought hefore the Magistrate,
the Magistrate may receive in evidence copies of any such de-
positions relating to the charge, as purport to have been taken in
China in the presence of a British consular officer, and are accom-
panied 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
such 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 neces-
sary, a translaltion thereof, shall be read over to the fugitive
criminal, if be so desires, and be shall be asked if he has any valid
cause to show why lie 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 6 months, during the period mentioned in
clause (a) of thils proviso, 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 Majistrate shall receive any evidence which may be
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
Suprenic Court ifthe crime of which he is accused had been
committed in the Colony, the Magistrate shall commit him to the
Gaol to awalt the further order of the Governor, but otherwise
shall order him to be discharged.
(2) If, Magistrate commits the fugitive criminal to the
Gaol, lie shall thereupon inform the fugitive criminal that he will not
be surrendered until after the expiration of 15 days from the date
of such committed and that lie has a right to apply to the Supreme
Court for a writ of habeas corpus and the Magistrate shall forth-
with send to the Governor the depositions and other evidence in,
the case, together with a report thereon and in particular in
relation to-
* 4s amended by No. 50 of 1911.
(a.) the lapse of time since the commission of the extradition
crime;
(b) the length of residence in the Colonly 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
Magistrate shall cause notice of his intention to make such order
to be served on the Crown Solicitor.
12.-(1) On the expiration of 15 days from the date of the
Magistrate's order of committal, or, if a writ 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 hand and seal,order the fugitive criminal to be sur-
rendered to such person as the Governor considers to be authorised
to receive him on behalf of the Chinese authorities, and the furgitive
criminal shall be surrendered accordingly: Provided always that
whenever the Governor, from the Magistrate's report or other-
wise, has reason to suppose that any fugitive criminal who has
been committed to the 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 cause shall, together with the Magistrate's
report thereon, be considered by the Governor-in-council , who
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 constable to take him without warrant and to restore hin,
to the custody from which he has escaped, and for the person from
whose custody the furgitive criminal has escaped to retake him or
receive him from such 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 hebeas corpus before the Supreme Court, and in such case
with the concurrence in writing of the Judge having cognizance
thereof, the Govemor may at any time, by order under his hand
and seal, discharged a fugitive criminal from custory.
14. If a fugitive criminal who has been committed to prison
under this Ordiriance to await the order of the Governor is not
surrendered and conveyed out of the Colony within 2 months after
such committal, a Judge may, on application made to him by or
on behalf of the fugitive criminal and on proof that reasonable
notice of the intention to inake 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 coun-
selled, procured, commanded, aided, or abetted the commission of
any extradition crime or of being accessory before the fact to any
extradition crime shall be deemed, for the purposes of this Ordi-
nance, to bc accused or convicted of having committed such crime,
and shall be liable to be apprehended and surrendered accordingly.
16. If any action or suit is brought against a Magistrate, the
Superintendent of the Gaol, a gaoler, police officer, or any other
person for anything done under or in obedience to any warrant or
order issued 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, sball be
entitled to a verdict, or Judgment accordingly and shall also be
entitled to all costs of suit.
17. The forms in the 2nd schedule or forms to the like effect,
with such variation and additions are circumstances may require,
may be used for the purposes therein indicated and according to
the directions therein contained, and instruments in those forms
shall (as regards the forin thereof) be valid and sufficient.
FIRST SCHEDULE.
LiST OF EXTRADITION CRIMES.
Is. 2.]
i. Murder and attempt to murder.
2. Manslaughter.
3. Malicious wounding.
4. Counterfeiting or altering money, or uttering or bringing into circulation counter-
feit or altered money.
As amended by No. 62 of 1911.
As amended by No. 50 of 1911 and No. 51 of 1911.
.4s amended by No. 50 of 1914.
5. Forgery, or countefeithing, or altering, or uttering what is forged, or counter-
feited, or altered, comprehending the crimes designated in the laws of the Colony
as counterfeiting or falsification of paper money, bank notes, or otlier securities,
forgery or other falsification of other public or private document, likewise the utter-
ing, or bringing into circulation, or wilfully using such counterfeited, forged, or falsi-
fied 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 bailce, 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.
18. Child-stealing.
14. Kidnapping.
15. False imprisonment.
IG. Burlary or house-breaking.
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 sea , wiht intent to dstroy life or to do
grievous bodily harm.
23. Revolt, or conspiracy to revolt, by two or more persons on board a ship on the
high seas, against the authority of the master.
24. Perjury or subornation of perjupy.
25. Malicious injury to property, if the offence is indictable.
26. Any indictable offence under,-
(a) the Offences against the Person Ordinance, 1865,
(b) the Forgery Ordinance, 1865,
(c) the LarceDy Ordinance, 1865,
(d) the Coinage Offences Ordinance, 1865,
ur any Ordirnance amending or substituted for the same, which is not included in the
foregoing list.
SECOXD SCHEDULE.
FORM No. 1 . [s.6.]
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
Magistrate.
Whereas requisition has been made to me by for the surrender
of late of accused of the commission
of the crime of within the jurisdiction of China : Now I hereby,
by this order under by hand and seal, signify to you that such resquisition 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
19
[L.s] (signed) Governor
FORM No.2.
Warrant of application by Order of the Governor.
HONGKONG,
IN THE POLICE COURT AT
To all and each of the Constable of the Colony.
Whereas His Excellency the Governor, by order under
his hand and seal, has Signified to me that requisition 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 his majesty's name, forthwith to apprehend
the said wherever be 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 ,19.
[L.s.] (siged.) magistrate.
FORM NO. 3. [S.7.]
Order to bring before a magistrate a Fagitive criminal already in custody.
HONGKONG.
IN THE POLICE COURT AT
To the superintendent of 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 requisition 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 his 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 extradition ordinance, 1889; for which this shall be your
warrant.
dated the day of ,19.
[L. s.] (signed ) 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 , magistrate of the said colony,
that , late of , is accused of the
commission of the crime of witbin the jurisdiction of China: This is,
therefore, to command you, in His Majesty's name, forthwith to apprehend 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 ,19.
[L.s] (Signed.) Magistrate.
FORM No. 5. [s. 10.]
Warrant of committal.
HONGKONG.
IN THE POLICE COURT AT
To one of the constables of the Colony, and to the superintendent
of Gaol.
On this day of ,19, ,late of . , is
brought before me, a Magistrate of the said Colony, to show cause whyy 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 sufficient cause has been
shown to me why he should not be surrendered in pursuance of this said Ordinance :
This is, therefore, to command you, the said Constable, in His Majesty's name, forth-
with to convey and deliver the body of the said into the
custody of the Superintendent of the Gaol, and you , the said superintendent, to receive
the said into your custody, and him there safely to keep until he
is thence delivered pursuant to the provisions of the said Ordinance; for which this
shall be your warrant.
Dated the day of , 19 .
[L.S.] (Signed.) Magistrate.
FORM NO. 6. [s. 12.]
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 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 the
Gaol, by warrant dated the day of ,19.
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 authorised 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
,19.
[t.s.] (signed.) Governor. Form No. 7. [s.13.]
order of discharge by the covernor .
by his excellency , governor and commander-in-chief
of the colony of Hongkong and its Dependencies.
To the Superintendent of Gaol.
Whereas one is now in your custody as a fugitive criminal under
the provision of the chinese extradition ordinance , 1889; and whereas 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 discharge the said
custody under the said Ordinance.
Given under my hand and seal at Victoria, Hongkong, this day of
' 19 .
[L.s.] (signed.) governor.
Short title. Interpretation of terms. 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 to prison or discharge. Notice to Crown Solicitor before discharge. Warrant for surrender, etc. Power to Governor to order discharge. Discharge if not surrendered within 2 months. Aiders and abettors in extradition crime. Protection of Magistrate and other acting under warrant or order. Forms. No. 2 of 1865. No. 4 of 1865. No. 5 of 1865. No. 7 of 1865.
Abstract
Short title. Interpretation of terms. 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 to prison or discharge. Notice to Crown Solicitor before discharge. Warrant for surrender, etc. Power to Governor to order discharge. Discharge if not surrendered within 2 months. Aiders and abettors in extradition crime. Protection of Magistrate and other acting under warrant or order. Forms. No. 2 of 1865. No. 4 of 1865. No. 5 of 1865. No. 7 of 1865.
Identifier
https://oelawhk.lib.hku.hk/items/show/847
Edition
1912
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 January 23, 2025, https://oelawhk.lib.hku.hk/items/show/847.
