ORDINANCE No. 13 OF 1870.
Hongkong and Macao Extradition.
Why such person be discharged out of custody, unless sufficient cause shall be shown to him discharge ought not to be ordered: Provided always that in every case where such fugitive shall have appealed to the Supreme Court or shall have applied for a writ of Habeas Corpus the said period of one month shall be computed from the date of the decision of the Supreme Court upon such proceeding, and in every case within section 11 the said period shall be computed from the date of the expiration of the fugitive's sentence or of his acquittal or of the abandonment of the charge as therein mentioned.
14. It shall be lawful for the Governor from time to time by proclamation in the Gazette to declare that any crime or offence specified in such proclamation, and not included in the first schedule hereto shall form part thereof, and from and after date of the publication of such proclamation, the several crimes and offences specified therein, shall come within the operation of this Ordinance as if the same had been originally included in the said schedule.
15. It shall be lawful for the Governor at any time by proclamation in the Gazette to declare that any crime or offence specified in the first schedule hereto or which may hereafter be added to the said schedule as hereinbefore provided, shall no longer form part thereof, and from and after the date of the publication of such proclamation, such crime or offence shall cease to come within the operation of this Ordinance.
16. All expenses incident to the apprehension, detention, maintenance, and delivery of a fugitive under this Ordinance, shall be borne by this Colony.
17. If any action be brought against a Magistrate, gaoler, officer of Police, or other person for anything done in obedience to any warrant or order issued under the provisions of this Ordinance, the proof of such warrant or order shall be a sufficient answer to such action, and the defendant or defendants on such proof shall be entitled to a verdict or judgment in his or their favor, and shall also be entitled to his or their full costs of suit.
18. This Ordinance shall commence and take effect when and so soon as the Governor shall, by proclamation in the Gazette, declare that sufficient reciprocal provision has been made by the Government of Macao for the apprehension and surrender to the Government of Hongkong of offenders escaping to any place within the territory of Macao who may be charged with having committed within this Colony, any of the crimes or offences in respect of which a fugitive may be surrendered under this Ordinance.
19. No fugitive who may be surrendered by the Government of Macao to the Government of Hongkong in pursuance of such reciprocal provision as aforesaid shall be put upon his trial or detained within this Colony for any crime other than the particular crime for which he may have been surrendered, without having been previously restored or having had an opportunity of returning to the Colony of Macao.
20. The forms given in the second schedule to this Ordinance or forms to the like effect, with such variations and additions as circumstances require, may be used for the purposes hereinbefore mentioned.
Power to add to the schedule of crimes and offences.
Power to expunge any crime or offence from schedule.
Expenses of extradition.
Protection to Magistrate, gaoler, &c. acting under warrant.
This Ordinance to commence from proclamation of reciprocal laws of Macao.
Provision for restoration of fugitive after trial.
Forms in second schedule may be used.
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