CO129-149 - Lieut Governor Whitfield - 1871 [1-4] — Page 40

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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 to be signed by such Judge or Magistrate and if the purports Copies of Depositions purport to be certified under the Hand of such 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 shull 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 Proviso as 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-Habras preme Court if he shall think fit, under Section VIIof this Ordi- Corpus, or nance, or to apply to the Geertster Writ of Habeas Corpus,

Appeal. and upon the hearing of the Case on Appeal on Habeas Corpars, it shall be open to the Fugitive to claim the Reversal of bis élem. mittal, and his Discharge from Custody thereunder upon the Grounds specified in Seation X

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 1858. 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 said 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 Repert on the

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

uny Committal to (if any, made thereby and in base of an

Wait of Habeas Corpus, the Pregistrar shell-give-Notice thereof to the Attorney General

zo-Supreme Court give Notice of any

The Registrar of the Supreme Court to Append or Writ of Habeas Corpus to the Attorney General.

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 graut au 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 Warrant. 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 aforesaid to hold such fugitive in Surrender of Custody, and to convey him to any Place within the Territory of Fugitive. Macao, 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. said, 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

in 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 deemed a political Offence.

Trial of

XI. No Extradition Warrant shall be granted by the Gov- Stipulation 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 than that on Account of which he has been surrendered without

Fugitive. having been previously restored or having had an Opportunity of returning to this Colony.

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