SECTION VI.
The word "Surrender" has been struck out and the word “Committed” substituted for the reason stated in the last preceding Note. The final Proviso contained in the corresponding Section of the original Draft whereby the Fugitive might on the return of the Writ of "Habeas Corpus" urge his Discharge on the ground that the Offence charged is a Political one, has been omitted by direction of Earl GRANVILLE.
SECTION VII.
This Section is entirely new and is substituted for VII of the original Draft, which introduced (subject to certain modifications), the Provisions of Ordinance No. 4 of 1858 as to Appeals. Upon reconsidering the Provisions of that Ordinance it was thought desirable to provide a more simple and expeditious mode of obtaining the Decision of the Supreme Court upon any point raised before a Magistrate under this Ordinance.
This new Section contains in itself a complete Code of Appeal for such cases. It provides against a frivolous Appeal by the Fugitive without affecting his remedy by "Habeas Corpus."
Sub-Section V provides for Notice being given to the Attorney General before a Fugitive is discharged by the Magistrate at the close of the inquiry.
Sub-Section VI expressly limits the functions of the Supreme Court on Appeal, to deciding whether or not there is sufficient "primâ facie" evidence of the criminality of the Fugitive, and whether or not the conditions of Section V have been complied with. (See Note to Section X.)
SECTION VIII.
The Provisions of this Section are now limited to transmitting a Report, as the original Depositions and other Documents can be submitted to the Governor at any time if required.
SECTION IX.
4 'If he shall in his Discretion think fit." These words have been added by direction of Earl GRANVILLE.
A Proviso is added enabling the Governor to grant the Extradition Warrant immediately upon the decision of the Supreme Court, whenever there has been an unsuccessful Appeal by the Fugitive, or he has failed to obtain his discharge on a Writ of "Habeas Corpus," before the expiration of the 15 days.
SECTION X.
"But it shall not be open to the Fugitive, fe." This Provision has been inserted by direction of Earl GRANVILLE, (see Note on Section VI.) The Governor alone will decide whether the surrender of the Fugitive sought for on political grounds.
SECTION XI.
“Or until his Acquittal or the Abandonment of such Charge." These words NB-Section XI of the origins have been added by direction of Earl GRANVILLE.
SECTION XII.
This Section, which corresponds to Section XIII of the original Draft, gives
a general Power to the Governor, at any time, to order the discharge of a Fugitive in custody under this Ordinance.
SECTION XIV.
The last Clause of Section XV of the original Draft, "except that no Person shall be surrendered, &c." has been struck out by direction of Earl GRANVILLE, (see Note on Section III.)
SECTION XV.
This is a new Section which seems a natural sequel to the one preceding it.
SECTION XIX.
This is a new and important Section. It is founded on Resolution VII of the Select Committee on Extradition and has been substituted in the place of the
Draft has been omitted and i Section XIX of the Ordinanct substituted for reasons gives in the Note thereon.]
Provision contained in Section XI of the original Draft in order to avoid the necessity of personal undertakings between the Governors of Hongkong and Macao.
This Section now contains a substantive Enactment which the Fugitive can set up as a Defence, if the case contemplated should arise. It will be seen on reference to Section XIX of the Imperial Act of last Session, that this mode of carrying out Resolution VII of the Select Committee on Extradition has also been adopted in England.
SECTION XXI.
This Section contains in an amended form, the Proviso of Section XVIII of the original Draft empowering the Governors of Hongkong and Macao by mutual consent to repeal or suspend this Ordinance and the reciprocal Law of Macao respectively, or any Part thereof.
THE SCHEDULE OF CRIMES.
The heading to the corresponding Schedule in the Imperial Act has been introduced and in fact the whole of that Schedule has been adopted almost verba- tim, with the addition of the following Crimes and Offences which owing to the propinquity of Macao, and to local circumstances it was deemed expedient to include; namely:
Wounding with intent to do grievous bodily harm.
Receiving Stolen Goods.
Forcible taking or Detention. (See Section L of Ordinance No. 4 of 1865.)
Piracy by Municipal Law.
Desertion from the Naval, Military or Police Forces.
"elastic" by
It should be borne in mind that this Schedule is rendered very the Provisions of Sections XIV and XV, which give Power to add thereto or ex- punge therefrom any Crime or Offence, in case it should be deemed expedient so to do. This Power would of course not be exercised except in pursuance of a reciprocal understanding with the Governor of Macao and with the sanction of the Secretary of State.
THE SCHEDULE OF FORMS.
I have generally revised the Forms in this Schedule and have added Nos. 5 and 6 to meet the new Provisions of Section VII as to Appeal, and No. 7 for cases where the Fugitive is discharged by the Magistrate.
The Ordinance will not be brought into actual Operation until the Governor has proclaimed that a reciprocal Law has been enacted by the Governor of Macao. (See Section XVIII.) I would only add in conclusion, that so much labor has been bestowed upon its preparation and upon the consideration of its Provisions by the Home Government, that it was thought desirable to bring it into Force, although the Imperial Act of last Session may by Order in Council be extended to British Possessions; and I am inclined to think that notwithstanding the great skill and experience with which the Imperial Act has been prepared, this Ordinance may be found to work better here in practice, as it provides more simple and complete machinery for carrying out its special Design and has been framed expressly with reference to the local circumstances of the Colony. I pre- sume, however, that as the Ordinance only applies to the surrender of Fugitives from Macao, the Provisions of the Imperial Act will be extended to this Colony in order to meet the very rare cases which may occur of Extradition under Treaties with other foreign Governments.
Hongkong, December, 1870,
JULIAN PAUNCEFOTE,
Attorney General.
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