ORDINANCE No. 1 OF 1881 . 1573
Macao Extradition.
5. The Magistrate shall cause notice of his intention to discharge Notices
Crown to
a fugitive (otherwise than in pursuance of any decision of Solicitor.
the Supreme Court ) , and also of any appeal by a fugitive
against his committal , to be served upon the Crown
Solicitor, and no fugitive shall be discharged by a Magistrate
(otherwise than aforesaid ) , unless the Attorney General has
had an opportunity of being heard in opposition thereto,
and of giving notice of appeal.
6. Every appeal under this Ordinance may be heard in vacation Proceedings
on appeal.
and either in Court or in Chambers, and shall 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 Superintendent 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 criminality
of the fugitive or that the conditions and regulations of
section 5 have, or have not , been complied with, and may
order the fugitive to be committed to gaol or to be dis
charged, 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 this Magistrate's
report to
Ordinance shall, at the conclusion of the case, send a report thereon to Governor.
the Governor.
9. It shall be lawful for the Governor in Council, if in the discretion Grant of
extradition
of the Governor in Council it seems fit, after the expiration of fifteen days warrant.
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
ofthe Gaol and hereinafter called an
" Extradition Order "
to order the fugitive so committed to be delivered to such person as shall