XII. No Extradition Warrant shall be granted by the Governor in respect of any Fugitive who shall be undergoing Sentence of Imprisonment pronounced by any of the Courts of this Colony or shall be charged with any Crime or Offence cognizable by the said Courts until the Expiration of such Sentence or of any Sentence which may be pronounced upon the Trial of such Charge.
XIII. The Governor may issue an Order directed to the Superintendent of the Gaol for the Release of any Fugitive committed under this Ordinance in respect of whom he shall not think fit to issue an Extradition Warrant by Reason of the Provisions of Sections Nine, Ten, and Eleven, and thereupon such Fugitive shall be forthwith discharged from Custody under such Committal.
XIV. Where any Person who shall have been committed by a Magistrate under this Ordinance, shall not be delivered up pursuant thereto, and conveyed out of this Colony within One Month after the Date of such Committal, it shall be lawful for the Chief Justice of this Colony upon Application made to him by or on Behalf of the Person committed, and upon its being proved to his Satisfaction that reasonable Notice of the Intention to make such Application has been given to the Attorney General to order the Person so committed to be discharged out of Custody, unless sufficient Cause shall be shown to him why such Discharge ought not to be ordered. Provided always that in every Case where such Person shall have appealed to the Supreme Court from such Committal or shall have applied for a Writ of Habeas Corpus the said Period of One Month shall be computed from the Date of the Decision of the Supreme Court upon such Processing, and in every Case within Section Twelve the said Period shall be computed from the Date of the Expiration of the Sentence.
XV. It shall be lawful for the Governor from Time to Time by Proclamation to declare that any Crimes and Offences specified in such Proclamation, and not included in the Schedule hereto shall form Part thereof, and from and after the Date of such Proclamation, the several Crimes and Offences specified therein, shall come within the Operation of this Ordinance as if the same had been originally included in the said Schedule, except that no Person shall be surrendered for any Crime or Offence specified in such Proclamation which shall have been committed previously to the Date thereof.
XVI. All Expenses, incident to the Apprehension, Detention, Maintenance, and Delivery of a Fugitive under this Ordinance, shall be borne by this Colony.
XVII. If any Action be brought against a Magistrate, Gaoler, Officer of Police, or any other Person for anything done in Obedience to 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 or Defendants on such Proof as aforesaid shall be entitled to a Verdict or Judgment in his or their Favor, and shall also be entitled to his or their full Costs of Suit.
XVIII. This Ordinance shall commence and take Effect when and so soon as the Governor shall, by Proclamation, declare that sufficient reciprocal Provision has been made by the Government of Macao for the Apprehension and Surrender to the Government of Hong Kong of Offenders escaping to any Place within the Territory of Macao who may be charged with having committed within this Colony, any of the Crimes or Offences in respect of which a Fugitive may be surrendered under this Ordinance. Provided always that in Case the Governor of Macao shall notify to the Governor of this Colony his Desire to suspend or repeal such reciprocal Provision of the Government of Macao as aforesaid, it shall be lawful for the Governor of this Colony by Proclamation to declare that the Operation of this Ordinance shall be suspended for the Period therein mentioned or until further Notice, and the same shall be suspended accordingly.
The Governor may if he shall think fit upon such Requisition as aforesaid, and after such Investigation as is directed by this Ordinance, grant an "Extradition Warrant" in respect of any Person not being a natural born or naturalised British Subject, charged or convicted of the Crime of Piracy "jure gentium," and with having escaped to this Colony while in the Custody of the Government of Macao upon such Charge or Conviction or in respect of any such Person found within this Colony charged with being concerned in the Commission of the said Crime together with any Person already in the Custody of the said Government.
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