Chinese Extradition.
commencement of this Ordinance and whether there is or is not any concurrent jurisdiction in any court in the Colony over that crime.
[CAP. 235
Requisition and order to
to Governor
magistrate.
Second
6. Whenever a requisition for the surrender of a fugitive criminal who is in or suspected of being in the Colony is made to the Governor by a Chinese authority, 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, or otherwise to proceed in conformity with the provisions of this Ordinance.
Form 1.
Duty of on receipt
magistrate
7. 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.
8. (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 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.
of order.
Second
Forms
2 and 8.
issue
power to warrant as case.
in ordinary
Second Schedule. Form 4.
on fugitive
being
9. (1) When a fugitive criminal is brought before a magistrate, the magistrate 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 brought before him charged with an indictable offence committed in the Colony: Provided always that—
(a) in any case where the extradition crime alleged is murder, manslaughter, piracy, burglary, housebreaking, or robbery with violence, and the accused person has not resided in the Colony for more than six months during the period of twelve months immediately prior to the date of his being so brought before the magistrate, the magistrate may receive
389
before