CAP. 235]
[a. 9 cont.]
Committal
to prison or discharge.
Second Schedule. Form 5.
Chinese Extradition.
in evidence copies of any such depositions relating to the charge as purport to have been taken in China in the presence of a British consular officer, and are accompanied by a certificate in English, purporting to be a certificate by such officer, that such copies are true copies of the originals and that the original depositions have been respectively read over to the respective deponents, that they respectively appeared to understand the same, and that, to the best of such officer's belief, no compulsion had been used in obtaining such depositions;
(b) translations in English of such depositions, if certified by such British consular officer to be correct translations, may accompany the certified copy of the depositions, and in such case such translations may be received in evidence in the same manner as the originals;
(c) any copies of depositions received in evidence, or, if necessary, a translation thereof, shall be read over to the fugitive criminal, if he so desires, and he shall be asked if he has any valid cause to show why he should not be committed to prison to await the order of the Governor;
(d) the burden of proof that a fugitive criminal has resided in this Colony for more than six months, during the period mentioned in paragraph (a) of this proviso, shall lie on such fugitive criminal; and
(e) in every case proof of the identity of the fugitive criminal must be given, to the satisfaction of the magistrate.
(2) The magistrate shall receive any evidence which may be tendered to show that the crime of which the prisoner is accused is an offence of a political character or is not an extradition crime.
10. (1) If, at the hearing before a magistrate, such evidence is produced as would, subject to the provisions of this Ordinance, justify the committal of the fugitive criminal for trial at the Supreme Court if the crime of which he is accused had been committed in the Colony, the magistrate shall commit him to prison to await the further order of the Governor, but otherwise shall order him to be discharged.
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