708
No. 1 of 1896.
NORTH BORNEO EXTRADITION.
apprehension of such fugitive criminals from justice and for their surrender to the Government of British North Borneo :—
(2)
in the
Short title.
Interpreta-tion of terms.
*
1. The North Borneo Extradition Ordinance, 1896.
2. In this Ordinance,-
66
The Governor of North Borneo
render
convic
been
means the Governor of the
senter
Restrictions
on surrender of fugitive
criminal.
+
Territory of the British North Borneo Company:
66
""
'North Borneo means the Territory of the British North Borneo Company:
""
"Extradition crime means any crime or offence which, if com-mitted in this Colony, would be one of the crimes or offences mentioned in the 1st schedule :
'Fugitive criminal" means any person accused or convicted of an extradition crime committed within the jurisdiction of North Borneo who is or is suspected of being in this Colony :
The extradition crimes mentioned in the 1st schedule shall be construed according to the law in force in the Colony at the date of the alleged extradition crime:
Provided always that the Governor-in-Council may by order declare that any crime or offence specified in such order and not included in the 1st schedule shall form part thereof, and the crime or offence specified therein shall come within the operation of this Ordinance as if the same had been originally included in the said schedule Provided, also, that the Governor-in-Council may by order declare that any crime or offence specified in the 1st schedule. or which may hereafter be added to the said schedule shall no longer form part thereof, and, 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 the Magistrate, or of a Judge, 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
* As amended by No. 50 of 1911 and No. 1 of 1912.
As amended by No. 1 of 1912.
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