THE HONGKONG GOVERNMENT GAZETTE, 3RD OCTOBER, 1896.
955
The Magistrate shall receive any evidence which may be tendered to show that the Evidence of crime crime or offence of which the fugitive criminal is accused, is a crime or offence of a being political, political character, or is not an extradition crime.
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9. If at the hearing before a Magistrate such evidence is produced as would, sub- Committal to ject to the provisions of this Proclamation, justify the committal of the fugitive criminal prison. for trial at the Supreme Court if the extradition crime of which he is accused had been committed in the Territory, and in cases of conviction provided for by section 8, sub- section (ii), of this Proclamation, the Magistrate shall commit him to Gaol to await the further order of the Governor of North Borneo but otherwise shall order him to be discharged.
If the Magistrate commits the fugitive criminal to 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 North Borneo the depositions and other evidence in the case together with a report thereon.
before discharge.
sig ned.
10. Before ordering a fugitive criminal to be discharged the Magistrate shall cause Notice to Govern- notice of his intention to make such order to be served on the Government Secretary. ment Secretary 11. (i) Upon the expiration of fifteen days from the date of the Magistrate's order Warrant of sur- of committal or if a writ of Labeas Corpus has been issued and if upon the return to render when to be 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 North Borneo may allow, the Governor of North Borneo may, by warrant under his hand and seal, order the fugitive criminal to be surrendered to such person as the Governor of North Borneo considers to be authorized to receive him on behalf of the Hongkong authorities and the fugitive criminal shall be surrendered accordingly.
(ii) If the fugitive criminal while in the Territory 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 constable and to hold him at all times as upon the original warrant.
tive criminal.
12. Except where any proceedings are actually pending upon a writ of Habeas Discharge of fugi- 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.
Discharge if not
surrendered within two months or on
decision upou
13. If a fugitive criminal who has been committed to prison under this Proclama- tion to await the order of the Governor is not surrendered and conveyed out of the Territory within two months after such committal, or within two months after the de- application after termination of any proceedings upon a writ of Habeas Corpus, as the case may be, any Habeas Corpus to a Judge of the Supreme Court may, upon application made to him by or on behalf of judge upon notice the fugitive criminal and upon proof that reasonable notice of the intention to make such application has been given to the Government Secretary, order the fugitive criminal to be discharged out of custody unless sufficient cause is shewn to the contrary.
to the CroTH.
in extradition
14. Every person who is accused or convicted of having counselled, procured, Aiders and abettors commanded, aided or abetted the commission of any extradition crime or of being crimes. accessory before the fact to any extradition crime shall be deemed for the purposes of this Proclamation to be accused or convicted of having committed such crime and shall be liable to be apprehended and surrendered accordingly.
Magistrate and
15. If any suit or action be brought against a Magistrate, Superintendent of the Protection of Gaol, Gaoler, Police Officer, Constable or any other person for anything done under or others acting under in obedience to any warrant or order issued under the provisions of this Proclamation, warrant, 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.
SCHEDULE.
EXTRADITION CRIMES.
Murder and attempt to murder.
Manslaughter.
Malicious wounding.
Counterfeiting or altering money, uttering or bringing into circulation counterfeit. or altered money.