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as Committal of
IX. If at the hearing of the case such evidence is produced would justify the committal for trial of the prisoner, if the crime of which he is accused had been a crime against the laws of England or of Hongkong and had been committed in the Colony, or were triable there, the Magistrate shall commit him to Victoria Gaol to await the further order of the Governor, but otherwise shall order him to be discharged.
If he commits such criminal to prison, he shall forthwith send to the Governor the depositions and other evidence in the case, together with such report upon the case as he thinks fit.
of surrender.
X. After the expiration of ten days after the date of committal, the Governor in Council may, by warrant under his hand and seal, order that the fugitive criminal be surrendered to such person as he considers to be authorised to receive him on behalf of the Chinese authorities, and the criminal shall be surrendered accordingly.
If the criminal, while in this Colony, escapes out of any custody to which he is delivered in pursuance of such warrant, it shall be lawful for any police officer to take him without warrant and to restore him to the custody from which he escaped; and for the person from whose custody the criminal escaped to retake him or to receive him from such police officer and to hold him at all times as upon the original custody.
The Governor
XI. The Governor in Council may, at any time, order, under his hand and seal, that a fugitive criminal be discharged from custody.
XII. In any warrant for the apprehension of a fugitive criminal, or in any warrant of committal, or other warrant, or in any order issued or made under this Ordinance, it shall be sufficient to describe the crime of which the criminal is accused in terms the same as, or similar to, those contained in the requisition for his surrender.
XIII. The Governor may, from time to time, by Proclamation in the Gazette, declare that any crime specified in such Proclamation, and not included in the first schedule to this Ordinance, shall be an extradition crime, and from and after the date of the publication of such Proclamation, the several crimes specified therein, shall come within the operation of this Ordinance as if the same had been originally included in the said schedule.
XIV. The Governor may, at any time, by Proclamation in the Gazette, declare that any crime specified in the first schedule to this Ordinance, or which may hereafter be added to the said schedule as hereinbefore provided, shall no longer be an extradition crime, and from and after the date of the publication of such Proclamation, such crime shall cease to be within the operation of this Ordinance.
XV. 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 favour, and shall also be entitled to his or their full costs of suit.
XVI. In this Ordinance, unless the context otherwise requires, The term "Extradition Crime" means a crime which if committed in the Colony, or triable therein, would be one of the crimes described in the first schedule to this Ordinance;
The term "Fugitive Criminal" means any subject of China accused of an extradition crime committed within the jurisdiction of China, or on the high seas, who is in or suspected of being in Hongkong, or on board a British ship there.
XVII. The forms given in the second schedule to this Ordinance, or forms as near thereto as circumstances admit, may be used in matters to which such forms refer, and when used shall be sufficient in law.
XVIII. Ordinance No. 2 of 1850, and Ordinance No. 2 of 1871 are hereby repealed: but if any proceedings for the surrender of a criminal have been commenced under the said Ordinances before the repeal thereof, such proceedings may be completed, and the criminal surrendered, as if this Ordinance had not been passed.
XIX. This Ordinance shall not come into operation until Her Majesty's confirmation thereof shall have been proclaimed in the Colony by the Governor.
-FIRST SCHEDULE.
(To be inserted when the list of crimes has been agreed-upon with the Chinese government)