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THE HONGKONG GOVERNMENT GAZETTE, 21ST MARCH, 1896.
Warrant of surrender when to be
Ligned.
Discharge of fugitive criminal.
Discharge if
not surrexi- dored within two months or o application after decision apon Habeas Corpus to
a judge upon notice to the Crown.
Aiders and abeltors in extradition crimes.
Protection of Magistrate and others meting under Warrant.
Forms.
12. (1) Upon 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 upon 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 of Hongkong may allow, the Governor of Hongkong may, by warrant under his hand and seal, order the fugitive criminal to be surrendered to such person as the Governor of Hong- kong considers to be authorized to receive him on behalf of the North Borneo authorities and the fugitive criminal shall be surrendered accordingly.
(ii) 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 constable 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 coustable 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, or within two months after the determination of any proceedings upon a writ of Habeas Corpus, as the case may be, any Judge of the Supreme Court may, upon application made to him by or on behalf of the fugitive criminal and upon proof that reason- able 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 acensed or convicted of having counselled, procured, commanded, aided or abetted the com- mission of any extradition 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 apprehended and surrendered accordingly.
16. If any suit or action be brought against a Magistrate, Superintendent of the Victoria Gaol, Guoler, Police Officer, Constable or any other person for anything done under or in obedience to any warrant or crder issued under the provisions of this Ordinance, the proof of such warrant or order shall be a sufficient answer to such suit or action, 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 hereto or forms to the like effect with such variations and additions as circum- stances require may be used for the purposes therein indi- cated and according to the directions therein contained and instruments in these forms shall (as regards the form thereof) be valid and sufficient.
Passed the Legislative Council of Hongkong, this 10th day of March, 1896.
F. J. BADELEY, Acting Clerk of Councils.
Assented to by His Excellency the Governor, the 17th day of March, 1896.
J. H. STEWART LOCKHART,
Colonial Secretary.