NORTH BORNEO EXTRADITION.
No. 1 of 1896.
709
(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 his sentence or otherwise.
4. Every fugitive criminal shall be liable to be apprehended and 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.
5. Whenever a requisition for the surrender of a fugitive criminal is made to the Governor by the Governor of North Borneo, the Governor 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.
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 order to all necessary persons to bring the fugitive criminal before him to be dealt with according to this Ordinance.
7.-(1) A Magistrate may also issue his warrant for the apprehension of a fugitive criminal on such information or complaint as would, in his opinion, justify the issue of a warrant if the alleged extradition crime had been committed in the Colony.
(2) A fugitive criminal apprehended on a warrant so issued shall be discharged by the Magistrate, unless the Magistrate, within such time as, with reference to the circumstances of the case, he may think reasonable, receives from the Governor an order signifying that a requisition has been made for the surrender of such fugitive criminal.
8.-(1) When a fugitive criminal is brought before a Magistrate, he shall hear the case in the same manner and have the same jurisdiction and powers, as nearly as may be, as if the prisoner were being brought before him charged with an indictable offence committed in the Colony. Provided always that—
*As amended by No. 50 of 1911 and No. 1 of 1912.