CHINESE EXTRADITION . [ 26 of 1889. ] 1153
committed in the Colony, the Magistrate shall commit him to
Victoria Gaol to a wait the further order of the Governor but
otherwise shall oriler hiin to be dischargeri.
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 coinmission ofthe extradi
a
tion crime.
( 6. ) 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.
12. Before ordering a fugitive criminal to be discharged the Notice to
Crown
Magistrate shall cause notice of his intention to make such order Solicitor
to be served on the Crown Solicitor. before
discharge.
13. ( 1. ) Upon the expiration of fifteen days from the date Warrant of
of the Magistrate's order of committal or if a writ of habeas surrender
when to be
corpus has been issued and if upon the return to the writ the signed.
Supreme Court has not discharged the fugitive criminal,
immediately after the decision of the Court,or after such further
period in either case as the Governor may allow the Governor
may, by warrant under his band and seal, order the fugitive
criminal to be surrendered to such person as the Governor
considers to be authorized to receive him on behalf of the Chinese
authorities and the fugitive criminal shall be surrendered
accordingly : provided always that whenever the Governor shall
from the Magistrate's reportor otherwise have reason to suppose,
that any fugitive criminal, who has been committed to the
Victoria Gaol to await the further order of the Governor, has
been resident in the Colony for one year or upwards, the
depositions and evidence taken before the Magistrate on the
investigation of the case shall together with the Magistrate's
report thereon be considere l by the Governor in Council, who
shall be assisted in such consideration by the Chief Justice of the
Colony and the Governor in Council shall decide whether such
fugitive criminal shall be surrendered or not.
( 2.) If the fugitive criminal while in the Colony escapes out
of any custody into which he has been delivered in pursuance
of a Magistrate's warrant as aforesaid it shall be lawful for any
police officer or constable to take him without warrant and to
restore him to the custody from which he has escaped, and for
the person from whose custody the fugitive criminal has escaped