Production
of Warrant of Arrest.
Evidence In Case of Person accused.
Evidence in Case of a Per- son convicted.
Proof of Identity.
Authentication
of Documents.
Documents to
be read to the Fugitive who
must be asked to show Cause,
Committal,
ORDINANCE No. 13 of 1870.
Hongkong and Macao Extradition.
1. There must be the Production before the Magistrate of a valid Warrant of Arrest issued by a Judge or other competent Magistrate having Authority within the Territory of Macao to take Cognizance of the Crime charged and clearly setting forth such Crime.
2. In the Case of a Person accused but not convicted such Evidence shall be produced to the Magistrate as would in his Opinion justify the Apprehension of the Fugitive if the Crime of which he is accused had been committed within the Jurisdiction of this Colony, with this Qualification that Copies of Depositions signed or taken before any such Judge or other competent Magistrate as aforesaid and authenticated in Manner hereinafter provided may be received in Evidence of the Criminality of the Fugitive.
3. In the Case of a Person convicted a Copy of the Conviction authenticated in Manner hereinafter provided shall be produced: But if it should appear that the Conviction was pronounced in the Absence of the Accused for Contumacy in not having surrendered to take his Trial, the same Evidence shall be produced to the Magistrate as in the Case of a Person accused but not convicted.
4. In every Case Proof of the Identity of the Fugitive must be given to the Satisfaction of the Magistrate.
5. Warrants of Arrest and Copies of Depositions, signed or taken before any such Judge or other competent Magistrate, as aforesaid, and Copies of Convictions shall be received in Evidence, if the Warrant of Arrest purports to be signed by such Judge or Magistrate and if the Copies of Depositions purport to be certified under the Hand of such Judge or Magistrate to be true Copies of the Original Depositions, and if the Copy of the Conviction purport to be certified under the Hand of the Judge of the Court, by which the Fugitive was convicted to be a true Copy of the Original Conviction. The Signature of every such Judge or Magistrate and his Authority to take Cognizance of the Crime or Offence charged, shall be sufficiently proved if the Document purport to be sealed with the Official Seal of the Governor of Macao, and all Courts of Justice in this Colony shall, for the Purpose of this Ordinance, take Judicial Notice of such Seal, and shall admit the Documents so authenticated by it to be received in Evidence without further Proof.
6. The original Warrant of Arrest and the Copy of the Depositions or as the Case may be the Copy of the Conviction shall be read to the Fugitive, and he shall be asked if he has any valid Cause to show why he should not be committed to Gaol to await the Order of the Governor.
VI. If the Fugitive shall fail to show Cause to the Satisfaction of the Magistrate why he should not be committed, and if the Magistrate shall be of Opinion that there is sufficient prima facie Evidence to establish the Criminality of the Fugitive, he shall
ORDINANCE No. 13 of 1870.
Hongkong and Macao Extradition.
commit him to Gaol there to await the Order of the Governor : Provided always, and it is hereby expressly enacted that before any such Committal, the Magistrate shall inform the Fugitive that an Appeal and Period of Fifteen Days will be allowed him to appeal to the Supreme Court if he shall think fit, under Section VII, or to apply for a Writ of Habeas Corpus.
Writ of
Habeas
VII. Ordinance No. 4 of 1858, as to Appeals from the Decisions of Magistrates shall not apply to Proceedings under this Ordinance, but the following Rules as to Appeals shall be observed,
that is to say :———
Appeals to
Supreme
Court.
Committal.
1. If the Fugitive shall desire to appeal to the Supreme Court against a Magistrate's Order of Committal and shall notify such Desire to the Magistrate at any Time before the Expiration of Fifteen Days from the Date of such Order; or if the Attorney General shall desire to appeal to the Supreme Court against a Magistrate's Order of Discharge of a Fugitive and shall notify such Desire to the Magistrate at any Time before the actual Discharge of the Fugitive, the Magistrate shall, subject to the Provision in Rule 3 hereinafter contained, grant such Appeal and transmit forthwith to the Registrar of the Supreme Court, the Depositions and all other Documents relating to the Case together with any Statement in Writing which he may think fit to annex in relation thereto.
2. If the Appeal shall be by the Attorney General against an Order of Discharge, such Order shall be suspended until the Conclusion of the Appeal, and the Fugitive shall be detained in Custody until further Order of the Magistrate, or of the Supreme Court.
3. If the Appeal shall be by a Fugitive against an Order of Committal and the Magistrate shall have Reason to believe that the Appeal is merely frivolous, he may refuse to grant the same.
4. In Case the Magistrate shall refuse to grant an Appeal to a Fugitive on the Ground that the same is frivolous, the Supreme Court may, if it shall think fit, upon the Fugitive's Petition in Writing, setting forth the Grounds of Appeal, make an Order directing the Magistrate to grant the Appeal.
5. The Magistrate shall cause Notice of his Intention to discharge a Fugitive, (otherwise than in Pursuance of any Decision of the Supreme Court), and also of any Appeal by a Fugitive against his Committal, to be served upon the Crown Solicitor, and no Fugitive shall be discharged by a Magistrate, (otherwise than aforesaid), unless the Attorney General shall have had an Opportunity of being heard in Opposition thereto, and of giving Notice of Appeal.
6. Every Appeal under this Ordinance may be heard in Vacation and either in Court or in Chambers and shall be
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