Magistrate's Report to Governor.
Grant of Extradition Warrant.
Custody and Surrender of Fugitive.
ORDINANCE No. 13 OF 1870.
Hongkong and Macao Extradition.
set down for Hearing on such early Day and at such Hour as the Chief Justice shall appoint, Notice whereof shall be given in Writing by the Registrar to the Superintendent of the Gaol, who shall on the Day and Hour appointed bring the Fugitive before the Chief Justice; and on the Hearing of the Appeal the Chief Justice may, if he shall think fit, receive any new Evidence and may either affirm or reverse the Decision of the Magistrate according as he shall be of Opinion that there is, or is not, sufficient prima facie Evidence of the Criminality of the Fugitive or that the Conditions and Regulations of Section V have, or have not, been complied with, and may Order the Fugitive to be committed to Gaol or to be discharged, as the Case may be, or make any other Order with respect to the said Matter as shall be requisite to the due Adjudication thereof.
VIII. The Magistrate before whom a Fugitive shall be brought under this Ordinance shall, at the Conclusion of the Case, send a Report thereon to the Governor.
IX. It shall be lawful for the Governor if he shall in his Discretion think fit, after the Expiration of Fifteen Days from the Date of the Committal of a Fugitive by a Magistrate or, in Case of any Proceeding by Appeal or Writ of Habeas Corpus, then subject to the Decision of the Supreme Court thereon, and subject also to the Provisions of Sections X and XI 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 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 Person authorized as aforesaid to hold such Fugitive in Custody, and to convey him to any Place within the Territory of Macao, and Provision as to if such Fugitive shall escape out of any Custody to which he shall be committed or to which he shall be delivered as aforesaid, 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: Provided always, that in every Case where before the Expiration of the said Period of Fifteen Days, the Order of Committal shall have been affirmed on Appeal or the Fugitive shall have applied for a Writ of Habeas Corpus, and shall have failed on the Return thereof, to obtain his Discharge, it shall be lawful for the Governor, in such Discretion and subject as aforesaid, to grant an Extradition Warrant without further Delay.
Political Offences.
X. No Extradition Warrant shall be granted by the Governor in any Case where in his Opinion the Requisition for the Extradition of the Fugitive has been made for political Reasons or a political Offence is involved in the Crime charged; but it shall not be open to the Fugitive to claim his Discharge from Custody on such Ground before any Judge or Magistrate, and any Attempt against the Life of the Governor or of any Public Officer or Member of the Government of Macao shall not be deemed a political Offence.
XI. No Extradition Warrant shall be granted by the Governor in respect of any Fugitive who shall be undergoing any Sentence of Imprisonment pronounced by any of the Courts of this Colony or shall be charged with any Crime or Offence cognizable by the said Courts until the Expiration of such Sentence or of any Sentence which may be pronounced upon his Trial for such Crime or Offence or until his Acquittal or the Abandonment of such Charge.
Order of Release.
XII. The Governor may at any Time issue an Order directed to the Superintendent of the Gaol for the Release of any Fugitive in Custody under this Ordinance in respect of whom he shall not think fit to issue an Extradition Warrant, and thereupon such Fugitive shall be forthwith discharged from such Custody.
Supreme Court for his Discharge if not delivered up within a certain Time.
XIII. Where any Fugitive who shall have been committed under this Ordinance, shall not be delivered up pursuant thereto, and conveyed out of this Colony within One Month after the Date of such Committal, it shall be lawful for the Chief Justice at any Time upon Application made to him by or on Behalf of the Fugitive, and upon its being proved to his Satisfaction that reasonable Notice of the Intention to make such Application has been given to the Crown Solicitor, to order the Fugitive committed to be discharged out of Custody, unless sufficient Cause shall be shown to him why such Discharge ought not to be ordered: Provided always that in every Case where such Fugitive shall have appealed to the Supreme Court 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 XI the said Period shall be computed from the Date of the Expiration of the Fugitive's Sentence or of his Acquittal or of the Abandonment of the Charge as therein mentioned.
XIV. It shall be lawful for the Governor from Time to Time by Proclamation in the Gazette to declare that any Crime or Offence specified in such Proclamation, and not included in the First Schedule hereto shall form Part thereof, and from and after the Date of the Publication of such Proclamation, the several Crimes and Offences specified therein, shall come within the Operation of this Ordinance as if the same had been originally included in the said Schedule.
XV. It shall be lawful for the Governor at any Time by Proclamation in the Gazette to declare that any Crime or Offence specified in the First Schedule hereto or which may hereafter be added to the said Schedule as herein before provided, shall no longer form Part thereof, and from and after the Date of the Publication of such Proclamation, such Crime or Offence shall cease to come within the Operation of this Ordinance.
XVI. All Expenses incident to the Apprehension, Detention, Maintenance, and Delivery of a Fugitive under this Ordinance, shall be borne by this Colony.
417
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Magistrate's Report to Governor.
Grant of Extradition Warrunt.
Custody and Surrender of Fugitive.
ORDINANCE No. 13 OF 1870.
Hongkong and Macao Extradition.
set down for Hearing on such early Day and at such Hour as the Chief Justice shall appoint, Notice whereof shall be given in Writing by the Registrar to the Su- perintendent of the Gaol, who shall on the Day and Hour appointed bring the Fugitive before the Chief Justice; and on the Hearing of the Appeal the Chief Justice may, if he shall think fit, receive any new Evi. dence and may either affirm or reverse the Decision of the Magistrate according as he shall be of Opinion that there is, or is not, sufficient prima facie Evidence of the Criminality of the Fugitive or that the Conditions and Regulations of Section V have, or have not, been com- plied with, and may Order the Fugitive to be committed to Guul or to be discharged, as the Case may be, or make any other Order with respect to the said Matter as shall be requisite to the due Adjudication thereof. VIII. The Magistrate before whom a Fugitive shall be brought under this Ordinance shall, at the Conclusion of the Case, send a Report thereon to the Governor.
IX. It shall be lawful for the Governor if he shall in his Discretion think fit, after the Expiration of Fifteen Days from the Date of the Committal of a Fugitive by a Magistrate or, in Case of any Proceeding by Appeal or Writ of Habeas Corpus, then subject to the Decision of the Supreme Court thereon, and sub- ject also to the Provisions of Sections X and XI hereinafter con- tained, by Warrant under his Hand and Sent directed to the Su- perintendent of the Gaol and hereinafter called an "Extradition Warrant" to order the Fugitive so committed to be delivered to such Porson as shall by Warrant under the Hand and Seal of the Governor of Macao be authorized to receive him, and such Fugi- tive shall be delivered up accordingly; and it shall be lawful for the Person authorized as aforesaid to hold such Fugitive in Custody, and to convey him to any Place within the Territory of Macao, and Provision as to if such Fugitive shall escape ont of any Custody to which be shall Escape. be committed or to which he shall be delivered as aforesaid, 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: Provided always, that in every Case where before the Expiration of the said Period of Fifteen Days, the Order of Com- mittal shall have been affirmed on Appeal or the Fugitive shall have applied for a Writ of Habeas Corpus, and shall have failed on the Return thereof, to obtain his Discharge, it shall be lawful for the Governor, in such Discretion and subject as aforesaid, to grant an Extradition Warrant without further Delay.
Political Offences,
X. No Extradition Warrant shall be granted by the Gov- ernor in any Case where in his Opinion the Requisition for the Extradition of the Fugitive has been made for political Reasons or a political Offence is involved in the Crime charged; but it shall not be open to the Fugitive to claim his Discharge from Custody on such Ground before any Judge or Magistrate, and any Attempt against the Life of the Governor or of any Public Officer or
ORDINANCE No. 13 of 1870.
Hongkong and Macao Extradition.
Member of the Government of Macao shall not be deemed a political Offence.
XI. No Extradition Warrant shall be granted by the Gov- Where
Fugitive is
ernor in respect of any Fugitive who shall be undergoing any undergoing Sentence of limprisonment pronounced by any of the Courts of this Sentence in Colony or shall be charged with any Crime or Offence cognizable this Colony. by the said Courts until the Expiration of such Sentence or of any Sentence which may be pronounced upon his Trial for such Crime or Offence or until his Acquittal or the Abandonment of such Charge.
Order of
XII. The Governor may at any Time issue an Order directed The Governor to the Superintendent of the Gaol for the Release of any Fugitive may issue in Custody under this Ordinance in respect of whom he shall not Relense. think fit to issue an Extradition Warrant, and thereupon such Fugitive shall be forthwith discharged from such Custody.
Supreme Court for his
curtain Time.
XIII. Where any Fugitive who shall have been committed Fugitive may under this Ordinance, shall not be delivered up pursuant thereto, pply to the and conveyed out of this Colony within One Month after the Date. of such Committal, it shall be lawful for the Chief Justice at any Discharge if Time upon Application made to him by or on Behalf of the not delivered Fugitive, and upon its being proved to his Satisfaction that rea- up within a sonable Notice of the Intention to make such Application has Notice to be been given to the Crown Solicitor, to order the Fugitive given to the committed to be discharged out of Custody, unless sufficient Canse Crown shall be shown to him why such Discharge ought not to be Solicitor. ordered: Provided always that in every Case where such Fugitive shall have appealed to the Supreme Court or shall have applied for a Writ of Habeas Corpus the said Porind 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 XI the said Period shall be computed from the Date of the Expiration of the Fugitive's Sentence or of his Acquittal or of the Abandonment of the Charge as therein mentioned,
XIV. It shall be lawful for the Governor from Time to Time Power to add by Proclamation in the Gazette to declare that any Crime or to the Schedule of Crimes and Offence specified in such Proclaination, and not included in the Offèueos. First Schedule hereto shall form Part thereof, and from and after the Date of the Publication of such Proclamation, the several Crimes and Offences specified therein, shall come within the Operation of this Ordinance as if the same had been originally included in the said Schedule.
Crime or
XV. It shall be lawful for the Governor at any Time by Power to Proclamation in the Gazette to declare that any Crime or Offence expunge any specified in the First Schedule hereto or which may hereafter be from added to the said Schedule as herein before provided, shall no longer Schedule. form Part thereof, and froin and after the Date of the Publication of such Proclamation, such Crime or Offence shuli cease to come within the Operation of this Ordinance.
XVI. All Expenses incident to the Apprehension, Detention, Expeuses of Maintenance, and Delivery of a Fugitive under this Ordinance, Extradition. shall be borne by this Colony.
417
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