eX
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See 5. #4 of
Ord Substituted
XII. No Extradition Warrant shall be granted by the Gov- Where ernor in respect of any Fugitive who shall be undergoing any Fugitive is Sentence of Imprisonment pronounced by any of the Courts of this undergoing Colony or shall be charged with any Crime or Offence cognizable Sentence in by the said Courts until the Expiration of such Sentence or of any Sentence which may be pronounced upon the Trial of such Charge.
this Colony.
XIII. The Governor may issue an Order directed to the The Governor Superintendent of the Gaol for the Release of any Fugitive commit- way issue ted under this Ordinance in respect of whom he shall not think fit Order of to issue an Extendition Warrant by Reason of the Provisions of Sec- Release. tions Nine, Ten, and Eleven, and thereupon such Fugitive shall be forthwith discharged from Custody under such Committal.
XIV. Where any Person who shall have been committed by Fugitive may a Magistrate under this Ordinance, shall not be delivered up pur- apply to the suant thereto, and conveyed out of this Colony within One Month Supreme Court after the Date of such Committal, it shall be lawful for the Chief for his Justice of this Colony upon Application made to him by or on not delivered Discharge if Behalf of the Person committed, and upon its being proved to his up within a Satisfaction that reasonable Notice of the Intention to make such certain Time. Application has been given to the Attorney General to order the Notice to be Person so committed to be discharged out of Custody, unless given to the sufficient Cause shall be shown to him why such Discharge ought Attorney not to be ordered. Provided always that in every Case where such General. Person shall have appealed to the Supreme Court from such Com- mittal or shall have applied for a Writ of Habeas Corpus the said Period of One Month shall be computed from the Date of the Decision of the Supreme Court upon such Proceeding, and in every Case within Section Twelve the said Period shall be computed from the Date of the Expiration of the Sentence.
XV. It shall be lawful for the Governor from Time to Time Power to add by Proclamation to declare that any Crimes and Offences specified to the Schedule in such Proclamation, and not included in the Schedule hereto of rimes and shall form Part thereof, and from and after the Date of such Pro- Offences. clamation, the several Crimes and Offences specified therein, shall come within the Operation of this Ordinance as if the sumie had been originally included in the said Schedule, except that no Person shall be surrendered for any Crime or Offence specified in such Proclamation which shall have been committed previously to the Date thereof.
XVI. All Expenses, incident to the Apprehension, Detention, Expenses of Maintenance, and Delivery of a Fugitive under this Ordinance, Extradition. shall be borne by this Colony.
Warrant.
XVII. If any Action be brought against a Magistrate, Gaoler, Protection to Officer of Police, or any other Person for anything done in Obedience Magistrate, to any Warrant or Order issued under the Provisions of this Ordi- Gaoler, &c. nance, the Croof of such Warrant or Order shall be a sufficient acting under Answer to such Action, and the Defendant or Defendants on such Proof as aforesaid shall be entitled to a Verdict or Judgment in his or their Favor, and shall also be entitled to his or their full Costs of Suit.
mation of
XVIII This Ordinance shall commence and take Effect when This Ordinance and so soon as the Governor shall, by Proclamation, declare that to commence sufficient reciprocal Provision has been made by the Government from Procla- of Macao for the Apprehension and Surrender to the Government reciprocal laws of Hongkong of Offenders escaping to any Place within the of Macao, Territory of Macao who may be charged with having committed within this Colony, any of the Crimes or Offences in respect of which a Fugitive may be surrendered under this Ordinance. Provided always that in Case the Governor of Macao shall notify Proviso as to to the Governor of this Colony his Desire to suspend or repeal such Suspension of reciprocal Provision of the Government of Macao as aforesaid, it Ordinance. shall be lawful for the Governor of this Colony by Proclamation to declare that the Operation of this Ordinance shall be suspended for the Period therein mentioned or until further Notice, and the same shall be suspended accordingly.
The Governor may if he shall think fit upon such as to Piracy Requisition as aforesaid, and after sugh Investigation as is directed "jure by this Ordinance, grant an "Extradition Warrant" in respect of gentium." any Person not being a natural born or naturalised British Sub- ject, charged by convicted of the Chime of Piracy jure gentium," and with having escaped to this Colony while in the Custody of the Government of Maono upon such Charge or Conviction or in respect of any such Person found within this Colony charged with being concerned in the Commission of the said Crima together with any Person already in the Custody of the said Government.
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