THE HONGKONG GOVERNMENT GAZETTE, 3RD SEPTEMBER, 1870.
5. Warrants of Arrest and Copies of Depositions, signed or Authentication taken before any such Judge or other competent Magis- of Documents. gistrate, as aforesaid, and Copies of Convictions shall be received in Evidence, if the Warrant of Arrest purports to be signed 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.
must be asked to show Cause.
6. The original Warrant of Arrest and the Copy of the Depo- Documents to sitions or as the Case may be the Copy of the Conviction be read to the shall be read to the Fugitive, and he shall be asked if he Fugitive who 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 Committal. of the Magistrate why he should not be committed, and if the Magistrate shall be of Opinion that there is sufficient primâ facie Evidence to establish the Criminality of the Fugitive, he shall commit him to Gaol there to await the Order of the Governor : Provided always, and it is hereby expressly enacted that before any Proviso as to such Committal, the Magistrate shall inform the Fugitive that a Appeal and Period of Fifteen Days will be allowed him to appeal to the Su- Writ of preme Court if he shall think fit, under Section VII, or to apply Corpus. for a Writ of Habeas Corpus.
Habeas
VII. Ordinance No. 4 of 1858, as to Appeals from the Deci- Appeals to sions of Magistrates shall not apply to Proceedings under this Supreme Ordinance, but the following Rules as to Appeals shall be observed,
that is to say :-
Court.
Order of
1. If the Fugitive shall desire to appeal to the Supreme Appeal from
Court against a Magistrate's Order of Committal and shall Order of notify such Desire to the Magistrate at any Time before Committal." 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 Appeal from Discharge of a Fugitive and shall notify such Desire to the Magistrate at any Time before the actual Discharge 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 Transmission Supreme Court, the Depositions and all other Documents of Depositions, relating to the Case together with any Statement in &c. Writing which he may think fit to annex in relation thereto.
2. If the Appeal shall be by the Attorney General against Fugitive to
an Order of Discharge, such Order shall be suspended remain in until the Conclusion of the Appeal, and the Fugitive Custody. shall be detained in Custody until further Order of the Magistrate, or of the Supreme Court.
3. If the Appeal shall be by a Fugitive against an Order of Frivolous
Committal and the Magistrate shall have Reason to Appeal by believe that the Appeal is merely frivolous, he
Fugitive. may refuse to grant the same.
4. In Case the Magistrate shall refuse to grant an Appeal to Petition for
a Fugitive on the Ground that the same is frivolous, the Order of Supreme Court may, if it shall think fit, upon the Fugi- Appeal, tive's Petition in Writing, setting forth the Grounds of Appeal, make an Order directing the Magistrate to grant the Appeal.
Solicitor.
5. The Magistrate shall cause Notice of his Intention to Notices to
discharge a Fugitive, (otherwise than in Pursuance of Crown any Decision of the Supreme Court), and also of any Appeal by a Fugitive against his Committal, to be served upon the Crown Solicitor, and no Fugitive shall be discharged by a Magistrate, (otherwise than aforesaid), unless the Attorney General shall have had an Oppor- tunity of being heard in Opposition thereto, and of giving Notice of Appeal.
6. Every Appeal under this Ordinance may be heard in Va- Proceedings
cation and either in Court or in Chambers and shall be on Appeal. set down for Hearing on such early Day and at such Hour as the Chief Justice shall appoint, "Notice whereof shall be given in Writing by the Registrar to the Sus perintendent of the Gaol, who shall on the Day and
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