360
Report by Magistrate to Governor.
Order by
Governor-in-
Council for
fugitive.
No. 1.]
THE ORDINANCES OF HONGKONG: [A.D. 1881.
ality of the fugitive or that the conditions and regulations of section 5 have or have not been complied with, and may order the fugitive to be committed to gaol or to be discharged, as the case may be, or make any other order with respect to the said matter as may be requisite to the due adjudication thereof.
8. The Magistrate before whom a fugitive is brought under this Ordinance shall, at the conclusion of the case, send a report thereon to the Governor.
9.-(1.) It shall be lawful for the Governor-in-Council, if, in the discretion of the Governor-in-Council, it seems fit, after the expiration of fifteen days from the date of the committal of a fugitive by a Magistrate or, in case of any proceeding by appeal or writ of habeas corpus, then subject to the decision of the Supreme Court thereon, and subject also to the provisions of sections 10 and 11, by order directed to the Superintendent of the Gaol and hereinafter called an Extradition Order, to order the fugitive so committed to be delivered to such person as may, by warrant under the hand and seal of the Governor of Macao, be authorized to receive him, and the fugitive shall be delivered up accordingly.
Second Schedule: Form No. 8.
Exception as to political offences.
Case of fugitive
(2.) The person authorized as aforesaid may hold the fugitive in custody and convey him to any place within the territory of Macao, and if the fugitive escapes out of any custody to which he is committed or to which he is delivered as aforesaid, it shall be lawful to retake him in the same manner as any person accused of any felony committed within this Colony may be retaken upon an escape: Provided that in every case where, before the expiration of the said period of fifteen days, the order of committal has been affirmed on appeal or the fugitive has applied for a writ of habeas corpus, and has failed on the return thereof to obtain his discharge, it shall be lawful for the Governor-in-Council, in such discretion and subject as aforesaid, to grant an extradition order without further delay.
10. No extradition order shall be granted by the Governor-in-Council in any case where, in the opinion of the Governor-in-Council, the requisition for the extradition of the fugitive has been made for political reasons or a political offence is involved in the crime charged; but it shall not be open to the fugitive to claim his discharge from custody on such ground before any Judge or Magistrate, and any attempt against the life of the Governor or of any public officer or member of the Government of Macao shall not be deemed a political offence.
11. No extradition order shall be granted by the Governor-in-Council in respect of any fugitive who is undergoing any sentence of imprisonment provided by any law in force within this Colony or which may be lawfully imposed within this Colony until his sentence is completed.
12. The Superintendent of the Gaol shall give notice to the Supreme Court and to the Governor-in-Council of the date fixed for the delivery up of any fugitive upon the making of an Extradition Order.
13. If any fugitive whose surrender has been ordered under this Ordinance is not taken out of this Colony within two months after the date fixed for his surrender by the Extradition Order, it shall be lawful for any Judge or Justice to discharge such fugitive from custody upon notice of motion being given to the Crown Solicitor, unless sufficient cause is shown to the contrary; and if any person is kept in custody in pursuance of a warrant of committal or an Extradition Order after the date of the order for his discharge on habeas corpus, or after the expiration of the time hereinbefore limited for his surrender, or after the date of an order for his discharge made under the provisions of this section, the person so kept in custody may in every case apply to any Judge or Justice for his discharge.
14. The Governor may, by notification published in the Gazette, revoke or alter any such Ordinance as aforesaid, and thereupon such Ordinance shall forthwith cease to be in force, except as to any fugitive who shall have been committed or surrendered within the time included in such notification.
15. The forms set forth in the First and Second Schedules hereto shall be used, with such variations as circumstances require, from time to time or offence from time to time.
16. Any person accused of any crime or offence and delivered up to the authorities of Macao shall be tried and dealt with in the Colony.
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