Garrimore andy.
20. with obs"."" & Me Reffected & Me Holland deast at an 16/9 M.
16.9.69.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, for the Extradition of Certain Fugitives from Justice.
[1869.]
Title
within the Territory of Macao may escape to this Colony
con Preamble. and it is expedient to provide for the Apprehension of such Fugitives from Justice and for their Surrender to the Government of Macao in Order that they may be dealt with according to Law: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
I. This Ordinance may be cited as "The Hongkong and Short Title. Macao Extradition Ordinance."
II. In the Interpretation of this Ordinance, the Expression Interpretation. "Governor of Macao" shall include the Person for the time being administering the Government of Macao.
The Expression "Territory of Macao" shall mean the Territory being within the Jurisdiction of the Government of Macao.
The Expression "Superintendent of the Gaol" shall mean the Superintendent of Victoria Gaol or the Keeper of any Prison or Place of Custody for Criminals within this Colony,
III. In case Requisition shall at any Time be made by the Upon Requisi- Governor of Macao to the Governor of this Colony to deliver up tion the issue Warrant to Justice any Person, not being a natural born, or naturalized Governor may British Subject, who being accused or convicted of any of the directed to the Crimes and Offences specified in the Schedule hereto and alleged Follce to have been committed after the Commencement of this Ordinance Magistrates. within the Territory of Macao has taken Refuge within this Colony, it shall be lawful for the Governor by Warrant under his Hand and Seal to signify that such Requisition has been made, and to require the Police Magistrates to govern themselves accordingly and to aid in apprehending the Person so accused or convicted, and hereinafter referred to as the Fugitive.
IV. Upon the Issue of any such Warrant as aforesaid it shall Warrant or be lawful for any Police Magistrate to issue his Warrant for the Order of Apprehension of the said Fugitive, and if he be already in Custody, to issue an Order to the Superintendent of the Gaol forthwith to bring the Fugitive before him to be dealt with in Manner hereinafter provided.
V. If the Fugitive be apprehended, or if he be already in Proceedings Custody, he shall be brought forthwith before the Magistrate and before the the following Conditions and Regulations shall be complied with: Magistrate.
1. There must be the Production before the Magistrate of a Production Valid Warrant of Arrest issued by a Judge or other of Warrant of competent Magistrate having Authority within the Territory of Macao to take Cognizance of the Crime charged and clearly setting forth such Crime.
2. In the Case of a Person accused but not convicted such Evidence la Evidence shall be produced to the Magistrate as would Case of Person in his Opinion justify the Apprehension of the Fugitive if accused. the Crime of which he is accused had been committed in this Colony, with this qualification that Copies of Depositions signed or taken before any such Judge or other competent Magistrate as aforesaid and authenticated in Manner hereinafter provided may be received in Evidence of the Criminality of the Fugitive.
3. In the Case of a Person convicted a Copy of the Conviction Evidence in authenticated in Manner hereinafter provided shall be Case of a Person convicted. produced; But if it should appear that the Conviction son convicted. was pronounced in the Absence of the Accused for Contumacy in not having surrendered to take his Trial, the same Evidence shall be produced to the Magistrate as in the case of a Person accused but not convicted.
4. In every Case Proof of the Identity of the Fugitive, be Proof of given to the Satisfaction of the Magistrate."
Identity.
5. The original Warrant of Arrest and the Copy of the Depositions or as the case may be the Copy of the Conviction be read to the shall be read to the Fugitive, and he shall be asked if he Fugitive who has any valid Cause to show why he should not be sur to show Cause. rendered,
must be asked
Page 429
Garrmor andy.
20. with obs"."" &Me Reffected & Me Holland deast at an 16/9 M.
16.9.69.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, for the Extradition of Certain Fugitives from Justice.
[
1869.]
Title
within the Territory of Macao may escape to this Colony
con Preamble. and it is expedient to provide for the Apprehension of such Fugi- tives from Justice and for their Surrender to the Government of Macao in Order that they may be dealt with according to Law: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
I. This Ordinance may be cited as "The Hongkong and Short Title. Macao Extradition Ordinance."
II. In the Interpretation of this Ordinance, the Expression Interpretation. "Governor of Macao" shall include the Person for the time being administering the Government of Macao.
The Expression "Territory of Macao" shall mean the Terri- tory being within the Jurisdiction of the Government of Macao.
The Expression "Superintendent of the Gaol" shall mean the Superintendent of Victoria Gaol or the Keeper of any Prison or Place of Custody for Criminals within this Colony,
III. In case Requisition shall at any Time be made by the Upon Requisi- Governor of Macao to the Governor of this Colony to deliver up tion the
issue Warrant
to Justice any Person, not being a natural born, or naturalized Governor may British Subject, who being accused or convicted of any of the directed to the Crimes and Offences specified in the Schedule hereto and alleged Follce
to have been committed after the Commencement of this Ordinance Magistrates. within the Territory of Macao has taken Refuge within this Colony,
it shall be lawful for the Governor by Warrant under his Hand and Seal to signify that such Requisition has been made, and to require the Police Magistrates to govern themselves accordingly and to aid in apprehending the Person so accused or convicted, and hereinafter referred to as the Fugitive.
IV. Upon the Issue of any such Warrant as aforesaid it shall Warrant or be lawful for any Police Magistrate to issue his Warrant for the Order of Apprehension of the said Fugitive, and if he be already in Cus- Magistrate. tody, to issue an Order to the Superintendent of the Gaol forthwith to bring the Fugitive before him to be dealt with in Manner bereinafter provided.
V. If the Fugitive be apprehended, or if he be already in Proceedings Custody, he shall be brought forthwith before the Magistrate and before the the following Conditions and Regulations shall be complied with: Magistrate. 1. There must be the Production before the Magistrate of a Production
Valid Warrant of Arrest issued by a Judge or other of Warrant of competent Magistrate having Authority within the Ter- Arrest. ritory of Macao to take Cognizance of the Crime charged and clearly setting forth such Crime.
2. In the Case of a Person accused but not convicted such Evidence la
Evidence shall be produced to the Magistrate as would Case of Person
in his Opinion justify the Apprehension of the Fugitive if accused. the Crime of which he is accused had been committed in this Colony, with this qualification that Copies of Depo- sitions signed or taken before any such Judge or other competent Magistrate as aforesaid and authenticated in Manner hereinafter provided may be received in Evidence of the Criminality of the Fugitive.
3. In the Case of a Person convicted a Copy of the Conviction Evidence in
authenticated in Manner hereinafter provided shall be Case of a l'er- produced; But if it should appear that the Conviction son convicted. was pronounced in the Absence of the Accused for Con- tumacy in not having surrendered to take his Trial, the same Evidence shall be produced to the Magistrate as in the case of a Person accused but not convicted.
4. In every Case Proof of the Identity of the Fugitive, be Proof of
given to the Satisfaction of the Magistrate."
Identity.
5: The original Warrant of Arrest and the Copy of the Depo- Documents to sitions or as the case may be the Copy of the Conviction be read to the shall be read to the Fugitive, and he shall be asked if he Fugitive who has
any valid Cause to show why be should not be sur to show Cause. rendered,
must be asked
429
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