1574 ORDINANCE No. 1 OF 1881 .
Macao Extradition.
Custody and by warrant under the hand and seal of the Governor of Macao be authorized
surrender of
fugitive. to receive him , and such fugitive shall be delivered up accordingly ; and
the person authorized as aforesaid may hold such fugitive in custody, and
convey him to any place within the territory of Macao, and if such
Provision as fugitive escapes out of any custody to which he is committed or to which
to escape .
he is delivered as aforesaid, it shall be lawful 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 appeal or the fugitive has applied for a writ of habeas
corpus, and has failed on the return thereof to obtain his discharge, it
shall be lawful for the Governor in Council in such discretion and subject
as aforesaid, to grant an extradition order without further delay.
Political 10. No extradition order shall be granted by the Governor in Council
offences.
in any case where in the opinion of the Governor in Council the requisi
tion for the extradition of the fugitive has been made for political reasons.
or a political offence is involved in the crime charged ; but it shall not be
open to the fugitive to claim his discharge from custody on such ground
before any Judge or Magistrate, and any attempt against the life of the
Governor or of any public officer or member of the Government of Macao
shall not be deemed a political offence.
Where fugi 11. No extradition order shall be granted by the Governor in Council
tive is under
going senten in respect of any fugitive who is undergoing any sentence of imprison
ce in this
Colony. ment pronounced by any of the Courts of this Colony, or who is charged
with any crime or offence cognizable by the said Courts, until the expira
tion or previous determination of such sentence or of any sentence which
may be pronounced upon his trial for such crime or offence, or until his
acquittal or the abandonment of such charge.
The Governor 12. The Governor in Council may at any time issue an order directed
may issue
order of to the Superintendent of the Gaol for the release of any fugitive in custody
release.
under this Ordinance in respect of whom the Governor in Council does
not think fit to issue an extradition warrant, and thereupon such fugitive
shall be forthwith discharged from such custody.
Fugitive may
apply to the 13. Where any fugitive who has been committed under this Ordi
Supreme
Court for his nance is not delivered up pursuant thereto, and conveyed out of this Colony
discharge if
within one month after the date of such committal , the Chief Justice may