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ORDINANCE No. 26 of 1889.
Chinese Extradition.
4. The provisions of this Ordinance shall apply to the surrender of criminals under any future arrangement that may be made by Her Majesty with the Emperor of China with respect to the surrender of fugitive criminals, as well as to their surrender under any Treaty in force at the coming into operation of this Ordinance.
5. The following restrictions shall be observed with respect to the surrender of fugitive criminals :--
(1) A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character or if he prove to the satisfaction of the Magistrate, or of a judge of the Supreme Court, if brought before the Court on a writ of Habeas Corpus, or of the Governor that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character or for an offence which is not an extradition crime.
(2) A fugitive criminal, who has been accused of an offence within British Jurisdiction not being an offence for which his surrender is demanded, or who is undergoing sentence under any conviction in the Colony, shall not be surrendered until after he has been discharged whether by acquittal or on expiration of his sentence or otherwise.
(3) A fugitive criminal shall not in any case be surrendered unless an engagement is given by the Chinese Government that he shall not until he has been restored or had an opportunity of returning to Her Majesty's Dominions be detained or tried in China for any offence committed before his surrender other than the extradition crime on which the surrender is demanded.
6. Every fugitive criminal, who is in Hongkong, shall be liable to be apprehended and surrendered in manner provided by this Ordinance, whether the crime in respect of which the surrender is demanded was committed before or after the passing of this Ordinance, and whether there is or is not any concurrent jurisdiction in any Court in the Colony over that crime.
7. Whenever the requisition for the surrender of a fugitive criminal, who is in, or suspected of being in Hongkong, is made to the Governor by some officer of the Chinese Government, the Governor may, by order under his hand and seal, signify to a Magistrate that such requisition has been made, and require him to issue his warrant for the apprehension of the fugitive criminal.
ORDINANCE No. 26 of 1889.
Chinese Extradition.
8. A Magistrate, on receipt of the said order, shall issue his warrant for the apprehension of the fugitive criminal, or, if the fugitive criminal be already in custody shall issue his order to all necessary persons to bring the fugitive criminal before him to be dealt with according to this Ordinance.
9. A Magistrate may also issue his warrant for the apprehension of a fugitive criminal on such information or complaint as would, in his opinion, justify the issue of a warrant if the crime had been committed in the Colony.
A fugitive criminal apprehended on a warrant so issued shall be discharged by the Magistrate, unless the Magistrate within such time as, with reference to the circumstances of the case, he shall think reasonable, receives from the Governor an order signifying that a requisition has been made for the surrender of such fugitive criminal.
10. When a fugitive criminal is brought before a Magistrate, he shall hear the case in the same manner, and have the same jurisdiction and powers, as nearly as may be, as if the prisoner were brought before him charged with an indictable offence committed in the Colony.
The Magistrate shall receive any evidence which may be tendered to show that the crime of which the prisoner is accused, is an offence of a political character, or is not an extradition crime.
11. If at the hearing before a Magistrate such evidence is produced as would subject to the provisions of this Ordinance justify the committal of the fugitive criminal for trial at the Supreme Court if the crime of which he is accused had been committed in the Colony, 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 the Magistrate commits the fugitive criminal to Victoria Gaol, he shall thereupon inform the fugitive criminal that he will not be surrendered until after the expiration of fifteen days from the date of such committal and that he has a right to apply to the Supreme Court for a writ of Habeas Corpus, and such Magistrate shall forthwith send to the Governor the depositions and other evidence in the case together with a report thereon and in particular in relation to
(a) The lapse of time since the commission of the extradition crime.
(b) The length of residence in the Colony of and the character of the fugitive criminal.
(c) Any circumstances throwing suspicion on the origin or nature of the charge made.
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