372
THE HONGKONG GOVERNMENT GAZETTE, 4TH MAY, 1889.
Hearing of the case and evidence of crime being political.
Committal to . prison.
Notice to
Crown
Solicitor before discharge.
Warrant of surrender when to be
signed.
Discharge of Ingitive criminal.
Discharge if
not surren- dered within two months or on application after decision upon Habeas corpus to
a judge
upon botice
to the Crown.
Depositions, caths, &c., iaken in Chiun.
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 circumstances of the case, he shall think reasonable, receives from the Governor an order signifying that a requisition has been made for the surrender of such fugitive criminal.
10. When a fugitive criminal is brought before a Magis- trate, he 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.
The Magistrate 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.
11. 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 crime of which he is accused had been committed in the Colony, the Magistrate shall commit him to Victoria Gaol to await the further order of the Governor 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 be has a right to apply to the Supreme Court for a writ of Habeas Corpus, and such Magistrate shall forthwith send to the Governor the depositions and other evidence in the case together with such report thereon as he thinks fit.
12. 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.
13. 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 may allow the Governor may, by warrant under his hand and seal, order the fugitive criminal to be surrendered to such person as the Governor considers to be authorized to receive him on behalf of the Chinese authorities and the fugitive criminal shall be surrendered accordingly.
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 es- caped, 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.
14. 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 scal discharge a fugitive criminal from custody.
15. 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 if a writ of Habeas Corpus has issued, and upon the return of the writ the fugitive criminal has not been discharged any Judge of the Supreme Court may upon application made to him by or on behalf of the fugitive criminal and upon proof that reasonable 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 canse is shown to the contrary.
16. Depositions or statements on oath or affirmations taken in China and copies thereof shall if duly authenticated bo received in evidence in proceedings under this Ordinance. Such depositions statements or affirmations and copies thereof shall be deemed to be duly authenticated for the purpose of this Ordinance if they purport to be certified under the hand of the Judge Magistrate or Officer before whom they were taken to be the original depositions state- ments or affirmations or to be true copies thereof as the case