Idability
of fugitive arininal to be suryarkarod,
loquİ Bİ tidn to Governor
and order to Endstate.
Secund
Johodule
0.1.
Tuty of
magistrate ar
coolpt of
avor.
ghoá dc.
gros on, 2 and 3.
owe: to
is ve mezTTUĆ
en in orting.
ooond Schedule
Frocedme
Quritive oviziral
bding brought befure
"I strate.
2.
72
(2) a fugitive original who has been accused of an offence within Irátish juriallation, not being an offence for which hâm mirrender is Janndal, or who is undergoing sentence under any conviction in the Colony, shall not be surrendered until after he has been discharged, w other by soqquittal or an expiration of his sente oe or otherwise; and
(3) a fugitive artalmal shall not in aŋy case be murreɛdered unless an engagement is given by the Chinese mithority to whom he is to bo sure:idered that he shall not, until he has been restored or had an opport :áty of returning to is liajesty's darainions, be detained or tried in China for any offence domitted before his surrender other than the axtındition arise on which: the s rrender is dørsandod,
5. very fugitivo orixinal o is in the Colony shall be liable to be qyrohanted and surrendered in manner provided by this ordinanos, whether the crime in respect of vhich the mirrenier is daṇaded mus ean átted bafcae or after the comencement of this Ordinance and whether tiore is or is not any ocourmat jurisdiction in any court in the Golony over that arizo
henever a requisition £r the surrender of a fugitive criminal who is in or suspected of being in the Colony is made to the Governor by a Chinese authority, the Governor may, by order under his hand and soal, signify to a magistrate that suo requisition has beau cade, and recize him to insum his warrant for the a prehension of the fugitive ariinal, or otherwise to prposed in conformity wits the provisions of this Orŭinance,
7. magistrate, on receipt of the said or er, saali i mum his warraɛt for the a prebonsion of the fugitive criminal, or, if the fugitive orizinal is already in custody, shall issue his order to all NOGBBAIY Persona to bring the fugitive criminal before him to be dealt váth ascording to this Ordi arce,
De (1) a magietante say also issue his marrant for the
ap rehension of a fugitive crimina) on such infomation or complaint as wo ld, in his opinion, ustify the issue of a warrant if the orine nad boon aarzitted in the Colony.
(2) A fuçitive original apprehended on a warrant so issued shall be discharged by the nagistrate, unless the magistrate, within suc:: time as, with refere: ne to the clrometa.oes of the case, he may think reasonable, receives from the cover or an orier migúfying that a requisition has bao:, made for the airrender of such fugitive orîmirmi.
.- (1) hon a fugitivo criminal is brought before a magistrate, to wristinto stali hoar the case in the same penner and have the same juzindiction andi orers, as early as may be, as if the prisoner ware brought before his ovrged with an i-dictable claɛxe ocamitted in the Colony)
Provida! almaya tint
:
(a) in any mae shere the extradition orɩme alleged is murder, munalahter, piracy, burglary, housebreaking, or robber with violonce, and the accused person has not resided in the Colony for more than six months during the period of twelve months imasdiately prior to the aute of his being so brought before the maydstrato, the magistrate may receive in evidence ecpies of any much depositions relating to the charge as purport to have been taken in China in the presence of ritish consular officer, and are accompanied by a certificate in list, jurporting to be a certificate by such officer, that such codes are true codes of the originala and that the original (epositions have been respectively read over to the respective deponents, that the respectively appeared to im erstandă tim meme, nni that, to the beat of such officer's belief, no coqulsion had been used in obtaåring such depositions |
aaronded by to.17 of 1927 (20.10.27)
Á AB amanded by Lær
Ozve, 1937.