CO129-149 - Lieut Governor Whitfield - 1871 [1-4] — Page 39

الاول

trong sáng

December 1870. Rec. 7th January (71

General

Attorney (Hm. J. Janicefote)

The Hmaking ongkong

and Macas

Extradition Ordinances

Report upon

5 Spare Copier

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, for the Extradition of Certain Fugitives from Justice.

W

[

1869.]

Title.

HEREAS Persons who have committed certain Crimes Preamble.

within the Territory of Macao may escape to this Colony

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:

T. 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

to Justice any Person, not being a natural horn, or naturalized Governor may British Subject, who being accused or convicted of any of these Warrant Crimes and Offences specified in the Schedule hereto and alleged Police

directed to the

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 Band and Seal to signify that such Requisition has been made, and to require the Police Magistrates to govern themselves accordingly and to aid in apprebending 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 Mauner bereinafter provided.

V. If the Fugitive be apprehended, or if he be already in Proceedings Custody, be shall be bronglit 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 Macno to take Cognizance of the Crime charged and clearly setting forth such Crime.

2. In the Case of a Person accused but not convicted snel Evidence in

Evidence shall be produced to the Magistrate as would Case of Person

in his Opinion justify the Apprehension of the Fugitive ifneeusei.

the Crime of which he is acensed had been committed in this Colony, with this qualification that Copies of Depo- sitions signed or taken before any such Judge or other competent Magistrato 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 Per- 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 must 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 real to the shall be read to the Fugitive, and he shall be asked if he Fugitive whe has valid Cause to show why he should not be sure to show Cause.

any rendered.

must be asked

Enclosure N.° 2 in Major General Mitfield's Depatch N. 8.

January 1897.

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