Authorby to CHENNE.
(2) A person accused of an offence shall not be returned under this Act to any country, or committed to or kept in custody for the purposes of such return, if it appears as aforesaid that if charged with that offence in Hong Kong he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction.
(3) A person shall not be returned under this Act to any country. or committed to or kept in custody for the purposes of such return, unless provision is made by the law of that country, or by an arrangement made with that country, for securing that he will not, unless he has first been restored or had an opportunity of returning to Hong Kong, be dealt with in that country for or in respect of any offence committed before his return under this Act other than-
(a) the offence in respect of which, his return under this Act is
requested;
(6) any lesser offence proved by the facts proved before the court of
committal; or
(c) any other offence being a relevant offence in respect of which the
Governor may consent to his being so dealt with.
(4) Any such arrangement as is mentioned in subsection (3) of this section may be an arrangement made for the particular case or an arrange- ment of a more general nature; and for the purposes of that subsection a certificate issued by or under the authority of the Governor confirming the existence of an arrangement with any country and stating its terms shall be conclusive evidence of the matters contained in the certificate.
(5) The reference in this section to an offence of a political character does not include an offence against the life or person of the Head of the Commonwealth or any related offence described in section 3(3) of this Act.
Proceedings for return.
5. (1) Subject to the provisions of this Act relating to provisional warrants, a person shall not be dealt with thereunder except in pursuance of an order of the Governor (in this Act referred to as 40 authority to proceed), issued in pursuance of a request made to the Governor by or on behalf of the Government of the United Kingdom, or of the Republic of Ireland, or of the designated Commonwealth country, or by the Governor of the United Kingdom dependency, in which the person to be returned is accused or was convicted.
(2) There shall be furnished with any request made for the purposes of this section on behalf of any country-
(a) in the case of a person accused of an offence, a warrant for his
arrest issued in that coudly;
(b) in the case of a person unlawfully at large after conviction of an offence, a certificate of the conviction and sentence in that country, and a statement of the amount if any of that sentence which has been served,
together (in each case) with particulars of the person whose return is requested and of the facts upon which and the law under which he is accused or was convicted, and evidence sufficient to justify the issue of a warrant for his arrest under section 6 of this Act
5.
(3) On receipt of such a request the Governor may issue an authority
to proceed unless it appears to him that an order for the return of the person concerned could not lawfully be made, or would not in fact be made, in accordance with the provisions of this AcĻ
6. (1) A warrant for the arrest of a person accused of a relevant offence, or alleged to be unlawfully at large after conviction of such an offence, may be issued by a permanent magistrate-
(a) on the receipt of an authority to proceed;
(b) without such an authority, upon information that the said person
is or is believed to be in or on his way to Hong Kong:
and any warrant issued by virtue of paragraph (5) above is in this Act referred to as a provisional warrant.
(2) A warrant of arrest under this section may be issued upon such evidence as would, in the opinion of the magistrate, authorise the issue of a warrant for the arrest of a person accused of committing a corresponding offence or, as the case may be, of a person alleged to be Unlawfully at large after conviction of an offence, within the jurisdiction of the magistrate.
(3) Where a provisional warrant is issued under this section, the magistrate by whom it is issued shall forthwith give notice to the Governor, and transmit to him the information and evidence, or certified copies of the Information and evidence, upon which in was issued; and the Governor may in any case, and stall if he decides not to issue an authority to pro- ceed in respect of the person to whom the warrant relates, by order cancel the warrant and, if that person has been arrested thereunder, discharge him from custody.
(4) A warrant of arrest issued under this section may be executed by any person to whom it is directed or by any police officer.
(5) Where a warrant is issued under this section for the arrest of a person accused of an offence of stealing or receiving stolen property or any other offence in respect of property, a permanent magistrate shall have the like power to issue a warrant to search for the property as if the offence had beca committed within the jurisdiction of the magistrate.
7 (1) A person arrested in pursuance of a warrant under section 6 of this Act shall (unlęs previously discharged under subsection (3) of That section) be brought as soon as practicable before a court (in this Act referred to as the court of committal) consisting of a permanent magistrate.
(2) For the purposes of proceedings under this section a court of committal shall have the like jurisdiction and powers, as nearly as may be, including power to remand in custody or on bail, as a magistrate has under Part III of the Magistrates Ordinance(a).
(3) Where the person arrested is in custody by virtue of a provisional warrant and no authority to proceed has been received in respect of him, the court of commiltal may fix a reasonable period (of which the court shall give noúce to the Governor) after which he will be discharged from Custody unless such an authority has been received.
(4) Where an authority to proceed has been issued in respect of the person arrested and the court of committal is satisfied, after bearing any
(a) Hong Kong Laws, Rerited Edilom 1964. c. 22T,
Armer for purposes 150 150mmálklæd.
Proceedings for commonpal,