1158 ( 26 of 1889. ) CHINESE EXTRADITION,
for any offence coinmitted before his surrender other
than the extradition crime on which the surrender
is demanded .
Liability to be 6. Every fugitive criminal, who is in Hongkong, shall be
surrendered .
liable to be apprehended and surrendered in manner provided
by this ordinance, whether the crime in respect of which the
surrender is deminded 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 criine.
Requisition to
the Governor
7. Whenever the requisition for the surrender of a fugitive
may be criminal, who is in , or suspected of being in Hongkong, is made
followed by to the Governor by some officer of the Chinese Government,
order to
Magistrate the Governor may, by order under his hand and seal , signify to
for warrantof
apprehension .
a Magistrate that such requisition has been made, and require
him to issue his warrant for the apprehension of the fugitive
criminal.
Duties of a
Magistrate
8. A Magistrate, on receipt of the said order, shall issue his
upon receipt warrant for the apprehension of the fugitive criminal , or, if the
of such order. 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 .
Magistrate 9. A Magistrate may also issue his warrant for the apprehen
warrant as insion of a fugitive criminalon such information or complaint as
ordinary would, in his opinion, justify the issue of a warrant if the crime
cases .
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.
Ilearing of 10. When a fugitive criminal is brought before a Magistrate,
the case and
evidence of he shall bear the case in the same manner, and have the same
crime being jurisdiction and powers, as nearly as may be, as if the prisoner
political.
were brought before hiin 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.
Committal to 11. If at the hearing before a Magistrate such evidence is
prison,
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