1964 Ed.]
Chinese Extradition.
[CAP. 235
5
(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 the Colony for more than six months, during the period mentioned in paragraph (a) of this proviso, shall lie on such fugitive criminal; and (Amended, 5 of 1924, Schedule, and 27 of 1937, Schedule)
(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. (Amended, 50 of 1911, s. 4, and 27 of 1937, s. 6)
(2) If the magistrate commits the fugitive criminal to prison, he shall thereupon inform the fugitive criminal that he will not be surrendered until after the expiration of fifteen days from the date of such committal and that he has a right to apply to the Supreme Court for a writ of habeas corpus, and the magistrate shall forthwith send to the Governor the depositions and other evidence in the case, together with a report thereon and in particular in relation to- (Amended, 50 of 1911, s. 4, and 27 of 1937, s. 6)
(a) the lapse of time since the commission of the extradition crime;
(b) the length of residence in the Colony and the character of the fugitive criminal; and
(c) any circumstances throwing suspicion on the origin or nature of the charge made.
11. Before ordering a fugitive criminal to be discharged, the magistrate shall cause notice of his intention to make such order to be given to the Attorney General. (Amended, 27 of 1937, Schedule)
Committal to prison or discharge.
Second Schedule, Form 3.
Notice to Attorney General before discharge.