Application for babcan corzow, etc.
evidence Icndered in support of the request for the return of that person or on behalf of that person, that the offence to which the authority relates is a relevant offence and is further satisfied-
(a) where that person is accused of the offence, that the evidence would be sufficical to warrant his trial for that offence if it had been committed within the jurisdiction of the court;
(b) where that person is alleged to be unlawfully at large after con- viction of the offence, that he has been so convicted and appears to be so at large.
the court abali, unless his comunittal is prohibited by any other provision of this Act, commit him to custody to await his retum thereunder; but if the court is not so satisfied or if the committal of that person is so pro- hibited, the court shall discharge him from custody.
8. (1) Where a person is committed to custody under section 7 of this Act the court shall inform him in ordinary language of his right to make an application for babeas corpus and shall forthwith give notice of the committal to the Governor,
(2) A person committed to custody under the said section 7 shall not be returned under this Act-
(a) in any case, until the expiration of the period of fifteen days beginning with the day on which the order for his comunittal is made
(b) if an application for habeas corpus 19 made in bis case, so long
as proceedings on that application are pending.
(3) On any such application the Full Court or a judge of the Supreme Court may, without prejudice to any other jurisdiction of the court, order the person committed to be discharged from custody if it appears to the court or judge that—
(a)
by reason of the trivial nature of the offence of which he is accused or was convicted; or
(b) by reason of the passage of time since he is alleged to have com- mitted it or to have become unlawfully at large, as the case may be; or
(c) because the accusation against him is not made in good faith in
the interests of justice,
it would, having regard to all the circumstances, be unjust or oppressive to return him.
(4) On any such application the Full Court or a judge of the Supreme Court may receive additional evidence relevant to the excrcise of their or his jurisdiction under section 4 of this Act or under subsection (3) of this section.
(5) For the purposes of this section proceedings on an application for habeas corpus shall be treated as pending until any appeal in those pro- ocedings to the Full Court is disposed of; and an appeal shall be treated as disposed of at the expiration of the time within which the appeal may be brought or, where leave to appeal is required, within which the applica- tion for leave may be made, if the appeal is not brought or the application made within that time.
9. (1) Where a person is committed to await his return and is not discharged by order of the Full Court or a judge of the Supreme Court, the Governor may by warrant order him to be returned to the country by which the request for his return was made unless the return of that person is prohibited, or prohibited for the time being, by section 4 of this Act or this section, or the Governor decides under this section to make no such order in bis case,
(2) An order shall not be made under this section in the case of u person who is serving a sentence of imprisonment or detention, or is charged with an offence, in Hong Koog-
(a) in the case of a person serving such a sentence, until the sentence
has been served:
(b) in the case of a person charged with an offence, until the charge is disposed of or withdrawn and, if it results in a sentence of imprisonment (not being a suspended sentencek wail the sentence has been served.
(3) The Govemar shall not make an order under this section in the case of any person if it appears to the Governor, on the grounds mentioned in section 8(3) of this Act, that it would be unjust or oppressive to return that person, and may decide to make no order under this section in the case of a person accused of convicted of an offence in the United Kingdom or a United Kingdom dependency if he considers, on any nich grounds as are mentioned in paragruphs (a) to (c) of section 4(1) of this Act, that the order aught not to be made.
(4) The Governor may decide to make no order under this section in the case of a person accused or convicted of a relevant offence not punishable with death in Hong Kong if that person could be or has been sentenced to death for that offence in the country by which the request for his return is made.
(5) The Governor may decide to make no order under this section for the return of a person committed in consequence of a request made on behalf of any country if another request for his return under this Act, or a requisition for his surrender under the Extradition Act 1870(u), has been made on behalf of another country and it appears to the Governor, having regard to all the circumstances of the case and in particular-
(a) the relative seriousness of the offences in question;
(b) the date on which each such request or requisition was made; and (c) the nationality or citizenship of the person concerned and bis
ordinary residence,
that preference should be given to the other request or requisition.
(6) Notice of the issue of a warrant under this section shall forthwith be given to the person to be returned thereunder.
10. (1) If any person committed to await big return is in custody in Hong Kong under this Act after the expiration of the following period. that is to uવ
(a) in any case, the period of two months beginning with the Arst day on which, having regard to section 8(2) of this Act, he could have been returned;
(a) 1870 c. 52.
Order for retur To squealan COLICY.
Discharge in case
of delay In retoondag.