FOREIGN OFFENDERS DETENTION.
No. 1 of 1872.
197
6. If the offender fails to show cause, to the satisfaction of the Committal Magistrate, why he should not be committed, the Magistrate shall by Magistrate commit him to gaol, there to await the order of the Governor.
7. The Magistrate before whom the offender is brought shall, at the conclusion of the case, send a report thereon to the Governor.
Report by Magistrate.
8. (1) The Governor may, after the committal of the offender to gaol as aforesaid, issue an order directed to the Superintendent of the Gaol for the delivery up of the offender to the consular officer of the said foreign Government, or other person mentioned in such order, at such place within the Colony and in such manner as may be specified by the said order, for the purpose of his transmission as aforesaid; and the offender shall be delivered up accordingly.
(2) If the offender escapes out of any custody to which he has been committed or to which he has been delivered as aforesaid, it shall be lawful to retake him in the same manner as any person accused of any felony committed within the Colony may be retaken on an escape.
9. The Governor may at any time before the offender has been conveyed out of the Colony, issue an order for his release from custody under this Ordinance, and thereupon the offender shall be forthwith discharged from such custody.
Power to issue order of release.
10. If any action is brought against a Magistrate, gaoler, officer of police, consular officer, or any other person whomsoever for anything done in obedience to or in pursuance of any warrant or order issued under the provisions of this Ordinance, the proof of such warrant or order shall be a sufficient answer to such action; and the defendant, on such proof as aforesaid, shall be entitled to a verdict or judgment in his favour, and shall also be entitled to his full costs of the action.
11. The forms in the schedule or forms to the like effect, with such variations and additions as circumstances may require, may be used for the purposes therein indicated, and instruments in those forms shall (as regards the form thereof) be valid and sufficient.
* As amended by No. 28 of 1911 and No. 43 of 1911.
† As amended by No. 50 of 1911.