to section III
of Ordinance 2
of 1850 according to which the
magistrate is to commit when
there is probable cause
for
believing that the accused has committed the crime. The
of
Privy Council in the case
the Attorney General of Hong Kong
v. Kwok A-sing had to consider the provisions of this Ordinance and the powers and duties
of
the Magistrate under it. The Judges speak of "prima facie" evidence and of the sufficiency of "prima facie evidence to justify the magistrate in committing.
There is no doubt that
"probable cause" and "prima facie
113
facie evidence" are synonymous terms.
By the Treaty of Tientsin, this Government is bound, on certain requirements being complied with, to deliver up criminals who have taken
refuge in
Hong Kong.
The Magistrates cannot require such proof of guilt as would warrant a conviction; it is their duty under the Ordinance above mentioned to commit as soon as a "prima facie" case has been made out, and His Excellency, in calling the attention of Magistrates to the Ordinance
and the case above cited
would suggest that they should
restrict...