:
-
5286
Discharge in case of delay
in returning.
Evidence.
FUGITIVE CRIMINAL
(2) An order shall not be made under this section in the case of a person who is serving a sentence of imprisonment or detention, or is charged with an offence, in Hong Kong-
(a) in the case of a person serving such a sentence, until the sentence has
been served;
(b) in the case of a person charged with an offence, until the charge is disposed of or withdrawn and, if it results in a sentence of imprison- meat (not being a suspended sentence), until the sentence has been served,
(3) The Governor shall not make an order under this section in the case of any person if it appears to the Governor, on the grounds men- tioned in section 8(3) of this Act, that it would be unjust or oppressive to return that person, and may decide to make no order under this section in the case of a person accused or convicted of an offence in the United Kingdom or a United Kingdom dependency if be considers, on any such grounds as are mentioned in paragraphs (a) to (c) of section 4(1) of this Act, that the order ought not to be made.
(4) The Governor may decide to make no order under this section in the case of a person accused or convicted of a relevant offence not punish- able with death in Hong Kong if that person could be or has been sen- tenced to death for that offence in the country by which the request for his return is made.
(5) The Governor may decide to make no order under this section for the return of a person committed in consequence of a request made on behalf of any country if another request for his return under this Act, or a requisition for his surrender under the Extradition Act 1870(a), has been made on behalf of another country and it appears to the Governor, having regard to all the circumstances of the case and in particular-
(a) the relative seriousness of the offences question;
(6) the date on which each such request or requisition was made; and (c) the nationality or citizenship of the person concerned and his
ordinary residence,
that preference, should be given to the other request or requisition.
(6) Notice of the issue of a warrant under this section shall forthwith be given to the person to be returned thereunder.
10. (1) If any person committed to await his returns in custody in Hong Kong under this Act after the expiration of the following period,
that is to say-
(a) in any case, the period of two months beginning with the first day on which, having regard to section $(2) of this Act, he could have been returned:
(b) where a warrant for his return has been issued under section 9 of this Act, the period of one month beginning with the day on which that warrant was issued,
he may apply to the Supreme Court for his discharge.
(2) If upon any such application the court is satisfied that reasonable notice of the proposed application has been given to the Governor, the court may, unless sufficient cause is shown to the contrary, by order direct the applicant to be discharged from custody and. if a warrant for his return has been issued under the said section 9, quash that warrant.
11- In any proceedings under this Act. including proceedings on an application for habeas corpus in respect of a person in custody there.
under-
(a) a document, duly authenticated, which purports to set out evidence given on oath in the United Kingdoin or a designated Commonwealth
(a) 1870 c. 52.
S.I. 1967/1911
country or the Republic of Ireland or a United Kingdom dependency (other than Hong Kong) shall be admissible as evidence of the matiers stated thereia ;
(b) a document, duly authenticated, which purports to have been received in evidence, or to be a copy of a document so received, in any proceed. ing in any such country or dependency shall be admissible in evidence; (c) a document, duly authenticated, which certifies that a person was convicted on a date specified in the document of an offence against the law of, or of a part of, any such country or dependency shall be admissible as evidence of the fact and date of the conviction.
(2) A document shall be deemed to be duly authenticated for the purposes of this section—
(a) in the case of a document purporting to set out evidence given as aforesaid, if the document purports to be certified by a judge or magistrate or officer in or of the country or dependency in question to be the original document containing or recording that evidence or a uue copy of such a document;
(b) in the case of a document which purports to have been received in evidence as aforesaid or to be a copy of a document so received, if the document purports to be certified as aforesaid to have been, or to be a true copy of a document which has been, so received;
(c) in the case of a document which certifies that a person was convicted as aforesaid, if the document purports to be certified as aforesaid, and in any such case the document is authenticated either by the oath of a witness or by the official seal of the Secretary of State or of a Minister of the designated Commonwealth country or of the Republic of Ireland or of the Governor or a Minister; secretary or other officer administering a department of the Government of the dependency, as the case may be.
(3) In this section "oath" includes affirmation or declaration; and nothing in this section shall prejudice the admission in evidence of any document which is admissible in evidence apart from this sectica.
5287
12. (1) Any person remanded or committed to custody under section 7 Custody. of this Act shall be committed to the like institution as a person charged with an offence before the court of committal.
(2) If any person who is in custody by virtue of a warrant under this Act escapes out of custody, he may be retaken in like manner as a person escaping from custody under a warrant for his arrest issued in respect of an offence committed in Hong Kong.
(3) A warrant under section 9 of this Act for the return of any person to any country shall be sufficient authority for all persons to whom it is directed and all police officers to receive that person, keep him in custody and convey him into the jurisdiction of that country.
13. (1) Any warrant or order to be issued or made by the Governor Fonn of under any of the foregoing provisions of this Act shall be given under warrants the hand of the Governor or the Colonial Secretary.
(2) The Govemor may by order prescribe the form of any warrant or order to be issued or made under the foregoing provisions of this Act.
and orders.
Treatment of persons returned from the United Kingdom, Cominonweali! countries, the Republic of Ireland and United Kingdom dependencies 14-(1) This section applies to any person accused or convicted of an Restriction fence under the law of Hong Kong who is returned to Hong Kong-
(a) from the United Kingdom, under the Act;
(b) from any designated Commonwealth country or from the Republic of Ireland under any law of that country corresponding with the Act:
(c) from any United Kingdom dependency, under the Act or under any
corresponding law of that dependency.
upon proceedings for other oñences.