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THE HONGKONG GOVERNMENT GAZETTE, 27TH AUGUST, 1870.
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Proceedings before the Magistrate.
Production
of Warrant of Arrest.
Evidenco In Case of Person accused.
Evidence in Case of a Per- son convicted.
Proof of Identity.
Authentication
of Documents.
V. If the Fugitive be apprehended, or if he be already in Custody, he shall be brought forthwith before the Magistrate and the following Conditions and Regulations shall be complied with: 1. There must be the Production before the Magistrate of a Valid Warrant of Arrest issued by a Judge or other competent Magistrate having Authority within the Ter- ritory of Macao to take Cognizance of the Crime charged and clearly setting forth such Crime.
In the Case of a Person accused but not convicted "such Evidence shall be produced to the Magistrate as would in his Opinion justify the Apprehension of the Fugitive if the Crime of which he is accused had been committed in this Colony, with this Qualification that Copies of Depo- sitions signed or taken before any such Judge or other competent Magistrate as aforesaid and authenticated in Manner hereinafter provided may be received in Evidence of the Criminality of the Fugitive.
3. In the Case of a Person convicted a Copy of the Conviction authenticated in Manner hereinafter provided shall be produced; But if it should appear that the Conviction was pronounced in the Absence of the Accused for Con- tumacy in not having surrendered to take his Trial, the same Evidence shall be produced to the Magistrate as in the Case of a Person accused but not convicted. 4. In every Case Proof of the Identity of the Fugitive must be
given to the Satisfaction of the Magistrate.
5. Warrants of Arrest and Copies of Depositions, signed or taken before any such Judge or other competent Magis- gistrate, as aforesaid, and Copies of Convictions shall be received in Evidence, if the Warrant of Arrest purports to be sigued by such Judge or Magistrate and if the Copies of Depositions 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 of the Judge of the Court by which the Fugitive was convicted to be a true Copy of the Original Conviction. The Signature of every such Judge or Magistrate and his Authority to take Cognizance 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 Macao, and all Courts of Justice in this Colony shall for the Purpose of this Ordinance take Judicial Notice of such Seal, and shall admit the Documents so authenticated by it to be received in Evidence without further Proof. 6. The original Warrant of Arrest and the Copy of the Depo- sitions or as the Case may be the Copy of the Conviction shall be read to the Fugitive, and he shall be asked if he has any valid Cause to show why be should not be committed to Gaol to await the Order of the Governor. VI. If the Fugitive shall fail to show Cause to the Satisfaction of the Magistrate why he should not be committed, and if the Magistrate shall be of Opinion that there is sufficient prima facie Evidence to establish the Criminality of the Fugitive, he shall commit him to Gaol there to await the Order of the Governor; Proviso as to Provided always, and it is hereby expressly enacted that before any such Committal, the Magistrate shall inform the Fugitive that a Period of Fifteen Days will be allowed him to appeal to the Su- preme Court if he shall think fit, under Section VII, or to apply for a Writ of Habeas Corpus.
Documents to be read to the Fugitive who must be asked to show Cause,
Committal.
Appeal and Writ of
Habeas
Corpus.
Appeals to Supreme Court.
Appeal from
Order of Committal.
Appeal from Order of Discharge.
Transmission of Record.
Fugitive to remain in Custody.
VII. Ordinance No. 4 of 1858, as to Appeals from the Deci- sions of Magistrates shall not apply to Proceedings under this Ordinance, but the following Rules as to Appeals shall be observed, that is to say :-
1. If the Fugitive shall desire to appeal to the Supreme Court against a Magistrate's Order of Committal and shall notify such Desire to the Magistrate at any Time before the Expiration of Fifteen Days from the Date of such Order; or if the Attorney General shall desire to appeal to the Supreme Court against a Magistrate's Order of Discharge of a Fugitive and shall notify such Desire to the Magistrate at any Time before the actual Discharge of the Fugitive, the Magistrate shall, subject to the Provision in Rule 3 hereinafter contained, grant such Appeal and transmit forthwith to the Registrar of the Supreme Court, the Depositions and all other Documents relating to the Case together with any Statement in Writing which he may think fit to annex in relation thereto.
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2. If the Appeal shall be against an Order of Discharge, such Order shall be suspended until the Conclusion of the Appeal, and the Fugitive shall be detained in Custody until further Order of the Magistrate, or of the Supreme Court.