THE HONGKONG GOVERNMENT GAZETTE, 21st MARCH, 1896.
Provided always that-
(1) Copies of depositions signed or taken before any Judge or other competent Magistrate having authority in North Borneo to take cognizance of the crime charged, and authenticated in man- ner hereinafter provided, may be received in evidence of the criminality of such fugitive criminal.
(ii) In the case of a person convicted in North Borneo of an extradition crime, a copy of the conviction, authenticated in manner hereinafter provided, may be received in evidence and shall, where the Magistrate is satisfied that such person is according to the law of North Borneo unlawfully at large, justify such Magistrate in committing such person to Victoria Gaol to await the further order of the Governor without re-open- ing the case.
(iii) In every case proof of the identity of the fugitive criminal must be given to the satisfaction of the Magistrate.
(iv) Warrants of arrest and copies of depositions, signed or taken before any such Judge or other com- petent Magistrate as aforesaid, and copies of convictions shall be received in evidence, if the warrant of arrest purports to be signed by such Judge or Magistrate, and if the copies of depo- sitions purport to be certified under the hand of such Judge or Magistrate to be true copies of the original depositions, and if the copy of the conviction purport to be certified under the hand and official scal of the Governor of North Borneo to be a true copy of the original con- viction. The signature of every such Judge or Magistrate and his authority to take cogni- zance of the crime or offence charged shall be sufficiently proved if the document purport to be sealed with the official seal of the Governor of North Borneo, and all Courts of Justice in this Colony shall, for the purpose of this Ordi- nance, take judicial notice of such seal, and shall admit the documents so authenticated by it to be received in evidence without further proof.
(v) The warrant of arrest and the copy of the deposi- tions, or, as the case may be, the copy of the conviction, shall be read to the fugitive criminal, if he so desire, and he shall be asked if he has any valid cause to show why he should not be committed to Gaol to await the order of the Governor.
The Magistrate shall receive any evidence which may be tendered to show that the crime or offence of which the fugitive criminal is accused, is a crime or offence of a poli- tical character, or is not an extradition crime.
9. If at the hearing before a Magistrate such evidence is produced as would, subject to the provisions of this Ordi- nance, justify the committal of the fugitive criminal for trial at the Supreme Court if the extradition crime of which he is accused had been committed in the Colony, and in cases of conviction provided for by section 8, sub-section (ii), of this Ordinance, the Magistrate shall commit him to Victoria Gaol to await the further order of the Governor of Hong- kong but otherwise shall order him to be discharged.
If the Magistrate commits the fugitive criminal to Vic- toria Gaol, he shall thereupon inform the fugitive criminal that he will not be surrendered 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 such Magistrate shall forthwith send to the Governor of Hongkong the depositions and other evidence in the case together with a report thereon.
10. 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.
11. Ordinance 10 of 1890 so far as it relates to appeals from the decisions of Magistrates shall not apply to pro- ceedings under this Ordinance.
Evidence in
case of person accused.
Evidence in case of a person con- victed.
Proof of identity.
Authention- tion of docu- menta.
Documents to
be read to the fugitive, who must be asked to show cau se
Evidence of erine being political.
Committal to prison.
Notice to Crown
Solteltor before discharge,
Ordinance 10 of 1800 not tu apply.
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