MACAO EXTRADITIOX . [ 1 of 1881. ] 607
be set down for hearing on such early day and at such
hour as the Chief Justice appoints, notice whereof
shall be given in writing by the Registrar to the Su
perintendent of the Gaol, who shall on the day and
hour appointed bring the fugitive before the Chief
Justice ; and on the hearing of the appeal the Chief
Justice may ; if he thinks fit , receive any new evidence
and may either affirm or reverse the decision of the
Magistrate according as he is of opinion that there is,
or is not, sufficient primâ facie evidence of the crimin
ality of the fugitive or that the conditions and regu
lations of section 5 have or have not, been complied
with , and may order the fugitive to be committed to
gaol or to be discharged , as the case may be, or make
any other order with respect to the said matter as may
be requisite to the due adjudication thereof.
8. The Magistrate before whom a fugitive is brought under Magistrate's
this ordinance shall, at the conclusion of the case, send a report report to .
thereon to the Governor.
9. It shall be lawful for the Governor in Council, if in the extradit
Grant ofion
discretion of the Governor in Council it seems fit, after the ex warrant.
piration of fifteen days from the date of the committal of a
fugitive by a Magistrate or, in case of any proceeding by appeal
or writ of habeas corpus, then subject to the decision of the
Supreme Court thereon, and subject also to the provisions of
sections 10 and 11 hereinafter contained, by order directed to
the Superintendent of the Gaol and hereinafter called an “ Ex
tradition Order” to order the fugitive so committed to be de
livered to such person as shall by warrant under the hand and
seal of the Governor of Macao be authorized to receive him , and Custody and
such fugitive shall be delivered up accordingly ; and the person fugitives
surrender of
authorized as aforesaid may bold such fugitive in custody, and
convey bim to any place within the territory of Macao, and if
such fugitive escapes out of any custody to which he is com- Provision as
mitted or to which he is delivered as aforesaid, it shall be lawful to escape.
to retake him in the same manner as any person accused of any
felony committed within this Colony may be retaken upon an
escape: provided that in every case where before the expiration
of the said period of fifteen days the order of committal has been
affirmed on appealor the fugitive has applied for a writ of habeas
corpus, and has failed on the return thereof to obtain his dis
charge, it shall be lawful for the Governor in Council in such
discretion and subject as aforesaid , to grant an extradition order
without further delay.
10. No extradition order shall be granted by the Governor Political
in Council in any case where in the opinion of the Governor in offences.