1967-HKRS30-8-58_Part01 — Page 24

Evide

Curleds,

(8) where a warrant for his return has been issued under section 9 of this Act, the period of one month beginning with the day on which that warrant was issued,

he may apply to the Supreme Court for his discharge.

(2) If upon any such application the court is satisfied that reasonable notice of the proposed application has been given to the Governor, the court may, unless sufficient cause is shown to the contrary, by order direct the applicant to be discharged from custody and, if a warrant for his return hus been issued under the said section 9, quash that warrant

II. (0) in any proceedings under this Act, including proceedings on an application for habeas corpus in respect of a person in custody there- under

(a)

a document, duly authenticated, which purports to set out evidence given on outh in the United Kingdom or a designated Common- wealth country or the Republic of Ireland or a United Kingdom dependency (other than Hong Kong) shall be admissible as evidence of the matters stated therein;

(b) a document, duly authenticated, which purports to have been recelved in evidence, or to be a copy of a document so received, in any proceeding in any such country or dependency shall be admissible in evidenco;

(c) a document, duly authenticated, which certifies that a person was convicted on a date specified in the document of an offence against the law of, or of a part of, any such country or dependency shall be admissible as evidence of the fact and date of the conviction.

(2) A document shall be deemed to be duly authenticsted for the purposes of this section-

(a) in the case of a document purporting to set out evidence given as aforesaid, if the document purports to be certified by a judge or magistrate or officer in or of the country or dependency in question to be the original document containing or recording that evidence or a true copy of such a document;

(b) in the case of a document which purports to have been reccived in evidence as aforesaid or to be a copy of a document so received. if the document purports to be certified as aforesaid to have been. or to be a true copy of a document which has been, so received;

(e) in the case of a document which certifies that a person was con- victed as aforesaid, if the document purports to be certified as aforesaid,

and in any such case the document is authenticated either by the outh of a witness or by the official scal of the Secretary of State or of a Minister of the designated Commonwealth country or of the Republic of Ireland or of the Governor or a Minister, secretary or other officer administering a department of the Government of the dependency, as the case may be.

(3) In this section "path" includes affirmation or declaration; and nothing in this section shall prejudice the admission in evidence of any document which is admissible in evidence apart from this section.

12. (1) Any person remanded or committed to custody under section 7 of this Act shall be committed to the like institution as a person charged with an offence before the court of committal.

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(2) If any person who is in custody by virme of a warrant under this Act escapes out of custody, he may be retaken in like manner as a person ascaping from custody under a warrant for his arrest issued in respect of an offence committed in Hong Kong,

(3) A warrant under section 9 of this Act for the return of any person to any country shall be sufficient authority for all persons to whom it is directed and all police officers to receive that person, keep him in custody and convey him into the jurisdiction of that country.

13. (1) Any warrant or order to be issued or made by the Governor under any of the foregoing provisions of this Act shall be given under the hand of the Governor or the Colonial Secretary.

(2) The Governor may by order prescribe the form of any warrant or order to be issued or made under the foregoing provisions of this Açt

Treatment of persons returned from the United Kingdom, Commonwealth countries, the Republic of Ireland and United Kingdom dependencies,

14. (1) This section applies to any person accused or convicted of an offence under the law of Hong Kong who is returned to Hong Kong--

(a) from the United Kingdom, under the Act:

(8) from any designated Commonwealth country or from the Republic of Ireland under any law of that country corresponding with the Act:

(c) from any United Kingdom dependency, under the Act or under

any corresponding law of that dependency.

(2) A person to whom this section applies shall not, during the period described in subsection (3) of this section, be dealt with in Hong Kong for or in respect of any offence committed before he was returned to Hong Kong other thiên n

(a) the offence in respect of which he was returned;

(b) any lesser offence proved by the facts proved for the purposes of

securing his return; or

(c) any other offence in respect of which the Goverment of the country or Governor of the dependency from which he was returned may consent to his being dealt with.

(3) The period referred to in subsection (2) of this section in relation to a person to whom this section applies is the period beginning with the day of his arrival in Hong Kong on his return as mentioned in subsection (1) of this spellon and ending forty-five days after the first subsequent day oo which be has the opportunity to leave Hong Kong,

15. (1) This section applies to any person accused of an offence under the law of Hong Kong who is returned to Hong Kong as mentioned in section 14(1) of this Act.

(2) If in the case of a person to whom this section applies, either-- (a) proceedings against him for the offence for which he was returned are not begun within the period of six months beginning with the day of bis arrival in Hong Kong on being returned; or

Form of wJET BIBLI and order.

Refuncion upon proceedings Tor orber offeners.

Beten of Deco da tried or sequlund,