CO129-138 - Sir MacDonnell - 1869 [6-7] — Page 433

6. Warrants of Arrest and Copies of Depositions, signed or Authentication taken before any such Judge or other competent Magis- of Documents, gistrate, as aforesaid, and "Copies of Convictions shall be received on Evidence, if the Warrant of Arrest purports to be signed by such Judge or Magistrate and if the Copies of Depositions purport to be certified under the Hand of suchi Judge or Magistrate to be true Copies of the Original Depositions, and if the Copy of the Conviction purport to be certified under the Hand of the Judge of the Court on which the Fugitive was convicted to be a true Copy of the Original Conviction. The Signature of every such Judge or Magistrate shall be sufficiently authenticated if the Document purport to be sealed with the Official Seal of the Governor of Macao, and all Courts of Justice in this Colony shall for the Purpose of this Ordinance take Judicial Notice of such Seal, and shall admit the Documents so authenticated by it to be received in Evidence without further Proof.

VI. If the Fugitive shall fail to show Cause to the Satisfaction Committal. of the Magistrate why he should not be surrendered, and if the Magistrate shall be of Opinion that there is sufficient prima facie Evidence to establish the Criminality of the Fugitive, he shall commit him to Gaol there to await the Order of the Governor ; Provided always, and it is hereby expressly enacted that before any Provise us to such Committal, the Magistrate shall inform the Fugitive that a Writ of Period of Fifteen Days will be allowed him to appeal to the Su- bes prenio Court if he shall think fit, under Section VI of this Ordi- Corpus, or

hance, or to apply to the Court for a Writ of Labeas Corpus, Appeal. and upon the hearing of the Case on Appeal or Habeas Corpus, it shall be open to the Fugitive to claim the Reversal of his Com- mittal, and his Discharge from Custody thereunder upon the Grounds specified in Section X of this Ordinance.

VII, The Provisions of Ordinance No. 4 of 1858 as to Appeals Appeal under to the Supreme Court from the Decisions of the Magistrates shall, sub- Ordinance ject to the Proviso hereinafter contained, apply to Cases of Committal No. 4 of 1859. "under this Ordinance. Provided always that upon the Application of either Party in Court or in Writing within Five clear Days after such Committal, reasonable Notice of such Application having been given to the other Party, the Magistrate shall state a Case as pro- vided by the suid Ordinance and shall transmit the same to the Registrar of the Supreme Court who shall forthwith set it down for Argument upon such Day and upon such Notice to both Parties as the Chief Justice shall direct, and no Fees or Recognizance of Appeal shall be required of the Appellant.

send a lieport on tha

VIII. The Magistrate at the Conclusion of the Hearing of the Magistrate t every Case before him under this Ordinance shall forthwith send case, and a Copy of to the Governor a Report thereon and a Copy of the Committal, the Governor.

way Conveittal to if any, made therein, and in Case of any Appeal or of the Issue of the Registrar of the a Writ of Hubens Corpus, the Registrar of the Supreme Court gire edice of an shall give Notice thereof to the Attorney General.

Supreme Court to

Appeal or Writ of Habeas Corpus ka tie Arney General.

Warraut.

IX. It shall be lawful for the Governor after the Expiration of The Governor Fifteen Days from the Date of Committal or in Case of any Proceed- may giant an ing by Appeal or Writ of Habeas Corpus then subject to the Decision Extradition of the Supreme Court thereon, and subject also to the Provisions of Sections Ten, Eleven and Twelve hereinafter contained by Warrant under his Hand and Seal directed to the Superintendent of the Gaol and hereinafter called an Extradition Warrant" to order the Fugitive so committed to be delivered to such Person or Persons as shall by Warrant under the Hand and Seal of the Governor of Macao be authorized to receive him, and such Fugitive shall be delivered up accordingly; and it shall be lawful for the Custody and Person or Persons authorized as adoresaid to hold such fugitive in Surrender of

Fugitive. Custody, and to convey him to any Place within the Territory of Macgo, and if such Fugitive shall escape out of any Custody to which Provision as he shall be committed or to which he shall be delivered as afore- to Escape. suid, it shall be lawful to retake him in the same Manner as any Person accused of any Felony committed within this Colony may be retaken upon an Escape.

X. No Extradition Warrant shall be granted by the Governor Political

fin any Case where in his Opinion the Requisition for the Extradition Offences.

of the Fugitive has been made for political Reasons or a political Offence is involved in the Crime charged; but any Attempt against the Life of a Member of the Government of Macao shall not be Ideemed a political Offenco.

Trial of

XI. No Extradition Warrant shall be granted by the Gov- Sundation by ernor unless he shall have previously obtained from the Governor Governor of of Macao an undertaking that the Fugitive shall not be put on his Macao as to Trial or detained within the Territory of Macao for any Crime other Fugitive. than that on Account of which he has been surrendered without having been previously restored or having had an Opportunity of returning to this Colony.

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