152
Restrictions
on surrender of fugitive criminal.
surrendered.
No. 1.] THE ORDINANCES OF HONGKONG: [A.D.
crime or offence specified in such Order and not included said First Schedule shall form part thereof, and, from and after date of the publication of such Order, the crime or offence specified therein shall come within the operation of this Ordinance as if same had been originally included in the said Schedule: Provided also, that the Governor-in-Council may at any time, by Order to be published in The Gazette, declare that any crime or offence specified in the said First Schedule or which may hereafter be added to the said Schedule as herein before provided shall no longer form part thereof, and, from and after the date of the publication of such order, such crime or offence shall cease to come within the operation of this Ordinance.
3. The following restrictions shall be observed with respect to the surrender of fugitive criminals :-
(1.) A fugitive criminal shall not be surrendered if the crime or offence in respect of which his surrender is demanded is one of a political character or if he proves, to the satisfaction of a Magistrate, or of a Judge of the Supreme Court, if brought before the Court on a writ of Habeas Corpus, or of the Governor, that the requisition for his surrender has in fact been made with a view to try or punish him for a crime or offence of a political character or for a crime or offence which is not an extradition crime; and
(2.) A fugitive criminal who has been accused of a crime or offence in the Colony, not being the extradition crime for which his surrender is demanded, or who is undergoing sentence under any conviction in the Colony, shall not be surrendered until after he has been discharged, whether by acquittal or on expiration of sentence or otherwise.
Liability of 4. Every fugitive criminal shall be liable to be apprehended and fugitive criminal to be surrendered in the manner provided by this Ordinance, whether the extradition crime in respect of which the surrender is demanded was committed before or after the commencement of this Ordinance, and whether there is or is not any concurrent jurisdiction in any Court in the Colony over that crime.
Requisition to Governor and order to
5. Whenever a requisition for the surrender of a fugitive criminal is made to the Governor by the Governor of North Borneo, the Governor or Magistrate may, by order under his hand and seal, signify to a Magistrate that such requisition has been made, and require him to issue his warrant for the apprehension of the fugitive criminal.
Duty of Magistrate
on receipt of order.
6. A Magistrate, on receipt of the said order, shall issue his warrant for the apprehension of the fugitive criminal, or, if the fugitive criminal is already in custody, shall issue his warrant for the committal of the fugitive criminal to prison.