430
THE HONGKONG GOVERNMENT GAZETTE, 3RD SEPTEMBER, 1870.
Title.
Preamble.
Short Title.
Interpretation.
Upon Requisi- .
issue Warrant to Police
HONGKONG.
ANNO TRICESIMO QUARTO
VICTORIA REGINE.
HENRY WASE WHITFEILD, Major-General, and Lieutenant-Governor. No. 13 or 1870.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, for the Extradition of Certain Fugitives from Justice.
[2nd September, 1870.]
W
within the Territory of Macao may escape to this Colony and it is expedient to provide for the Apprehension of such Fugi- tives from Justice and for their Surrender to the Government of Macao in order that they may be dealt with according to Law: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
I. This Ordinance may be cited as "The Hongkong and Macao Extradition Ordinance."
II. In the Interpretation of this Ordinance, the Expression "Governor of Macao" shall include the Person for the Time being Administering the Government of Macao.
The Expression "Territory of Macao" shall extend to any
Place within the Jurisdiction of the Government of Macao, and shall include the high Seas.
The Expression "Superintendent of the Gaol" shall mean the Superintendent of Victoria Gaol or the Keeper of any Prison or Place of Custody for Criminals within this Colony.
III. In Case Requisition shall at any Time be made by the tion the Governor of Macao to the Governor of this Colony to deliver up Governor may to Justice any Person, who being accused or convicted of any of the Crimes and Offences specified in the First Schedule of this Magistrates. Ordinance, and alleged to have been committed either before or after the Passing of this Ordinance within the Territory of Macao, has taken Refuge within this Colony, it shall be lawful for the Governor of this Colony if he shall in his Discretion think fit, by Warrant under his Hand and Seal to signify that such Requisition has been made, and to require the Police Magistrates to govern themselves accordingly and to aid in apprehending the Person so accused or convicted, and hereinafter referred to as the Fugitive.
Warrant or Order of
Magistrate.
Proceedings before the Magistrate.
Production of Warrant of Arrest.
Evidence in Case of Person accused.
Evidence in Case of a Per- son convicted.
Proof of Identity.
IV. Upon the Issue of such Warrant as aforesaid it shall be lawful for any Police Magistrate to issue his Warrant for the Apprehension of the said Fugitive, and if he be already in Cus- tody, to issue an Order to the Superintendent of the Gaol forthwith to bring the Fugitive before him to be dealt with in Manner hereinafter provided.
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.
2. 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 within the Jurisdiction of this Colony, with this Qualifi- cation that Copies of Depositions 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.