Protection to Magistrate, Gaoler, &c. acting under Warrant.
This Ordinance
from Proclamation of reciprocal Laws of Macao.
ORDINANCE No. 13 OF 1870.
Hongkong and Macao Extradition.
XVII. If any Action be brought against a Magistrate, Gaoler, Officer of Police, or any other Person for anything done in Obedience to any Warrant or Order issued under the Provisions of this Ordinance, the Proof of such Warrant or Order shall be a sufficient 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.
XVIII. This Ordinance shall commence and take Effect when to commence and so soon as the Governor shall, by Proclamation in the Gazette, declare that sufficient reciprocal Provision has been made by the Government of Macao for the Apprehension and Surrender to the Government of Hongkong of Offenders escaping to any Place within the 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.
Provision for
Trial,
XIX. No Fugitive who may be surrendered by the Government of Macao to the Government of Hongkong in pursuance of such reciprocal Provision as aforesaid shall be put upon his Trial or detained within this Colony for any Crime other than the particular Crime for which he may have been surrendered, without having been previously restored or having had an Opportunity of returning to the Colony of Macao.
Forms in Second Schedule may be used.
Proviso as to Repeal or Suspension of Ordinance, or of any Part thereof.
XX. The Forms given in the Second Schedule to this Ordinance or Forms to the like Effect, with such Variations and Additions as Circumstances require, may be used for the Purposes therein indicated and Instruments in those Forms shall (as regards the Form thereof) be valid and sufficient.
XXI. In Case the Governor in Council shall deem it expedient that this Ordinance or any Part thereof should be repealed or the Operation thereof suspended for any Period, or in Case the Governor of Macao shall notify to the Governor of this Colony his Desire to repeal or suspend for any Period such reciprocal Provision as aforesaid, or any Part thereof, it shall be lawful for the Governor of this Colony by Proclamation in the Gazette to declare that this Ordinance or any Part thereof shall be suspended in its Operation for any Period, or that the same is repealed, and from the Date of the Publication of such Proclamation in the Gazette, the said Ordinance or such Part thereof as may be specified in the Proclamation shall be deemed to be suspended or repealed accordingly.
FIRST SCHEDULE.
LIST OF CRIMES AND OFFENCES.
The following List of Crimes and Offences is to be construed according to the Law existing in the Colony of Hongkong, at the Date of the alleged Crime or Offence, whether by Common Law or by Imperial Statute or Local Ordinance made before or after the Passing of this Ordinance.
ORDINANCE No. 13 OF 1870.
Hongkong and Macao Extradition.
Murder, and Attempt and Conspiracy to Murder. Manslaughter.
Wounding with Intent to do grievous bodily Harm.
Counterfeiting and altering Money and uttering Counterfeit or altered Money. Forgery, counterfeiting, and altering, and uttering what is forged or counterfeited or altered.
Embezzlement and Larceny.
Unlawfully receiving stolen Property.
Obtaining Money or Goods by false Pretences.
Crimes by Bankrupts against Bankruptcy Law.
Fraud by a Bailee, Banker, Agent, Factor, Trustee, or Director, or Member, or Public Officer, of any Company made Criminal by any Law for the Time being in Force.
Rape.
Abduction, or Forcible Taking or Detention.
Child Stealing.
Burglary and House-breaking.
Arson.
Robbery with Violence.
Threats by Letter or otherwise with Intent to extort.
Piracy by Law of Nations, or Municipal Law.
Sinking or destroying a Vessel at Sea, or attempting or conspiring to do so. Assaults on board a Ship on the high Seas with Intent to destroy Life or to do grievous bodily Harm.
Revolt or Conspiracy to revolt by Two or more Persons on board a Ship on the high Seas against the Authority of the Master.
Desertion from the Naval, Military, or Police Forces.
SECOND SCHEDULE.
FORMS.
1.
(Governor's Warrant to Magistrates.)
"THE HONGKONG AND MACAO EXTRADITION ORDINANCE."
By His Excellency
this Colony and its Dependencies.
To .........
Governor and Commander-in-Chief of
Police Magistrates.
Whereas Requisition has been duly made to me pursuant to the above Ordinance for the Surrender of one
now in this Colony charged with having committed the Crime of
within the Territory of Macao and with being a Fugitive from Justice.
You are hereby required to govern yourselves accordingly and to aid in apprehending the said Fugitive and in committing him to Gaol for the Purpose of his being delivered up to Justice according to the Provisions of the said Ordinance and for so doing this shall be your Warrant.
Given under my Hand and the Public Seal of the Colony, at Victoria, Hongkong, this
Day of
18
L.S.
By Order,
Colonial Secretary.
Governor, &c.
Page 420
Page 421
Protection to Magistrate, Gagler, &c. acting under Warrant.
This Ordinance
from Procla mation of reciprocalLaws of Macao.
ORDINANCE No. 13 OF 1870.
Hongkong and Macao Extradition.
XVII. If any Aetion be brought against a Magistrate, Guoler, Officer of Police, or any other Person for anything done in Obedience to any Warrant or Order issued under the Provisions of this Ordi- nance, the Proof of such Warrant or Order shall be a sufficient 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 bis or their fall Costs of Snit.
XVIII. This Ordinance shall commence and take Effect when to commence and so soon as the Governor shall, by Proclamation in the Gazette, declare that sufficient reciprocal Provision has been made by the Government of Macao for the Appreliension and Surrender to the Government of Hongkong of Offenders escaping to any Place within the 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.
Provision for
Trial,
XIX. No Fugitive who may be surrendered by the Govern- Restoration of ment of Macao to the Government of Hongkong in pursuance of Fugitive after such reciprocal Provision as aforesaid shall be put upon his Trial or detained within this Colony for any Crime other than the particular Crime for which he may have been surrendered, without having been previously restored or having had an Opportunity of returning to the Colony of Macao.
Forms in Second Selie- dule may be used.
Froviso as to Repeal or Suspension of Ordinance, or of any Part thereof.
XX. The Forms given in the Second Schedule to this Ordi- nance or Forms to the like Effect, with such Variations and Ad- ditions as Circumstances require, may be used for the Purposes therein indicated and Instruinents in those Forms shall (as regards the Form thereof) be valid and sufficient.
XXI. In Case the Governor in Council shall deem it ex- pedient that this Ordinance or any Part thereof should be repealed or the Operation thereof suspended for any Period, or in Case the Governor of Macao shall notify to the Governor of this Colony his Desire to repeal or suspend for any Period such reciprocal Provision as aforesaid, or any Part thereof, it shall be lawful for the Governor of this Colony by Proclamation in the Gazette to declare that this Ordinance or any Part thereof shall be suspended in its Operation for any Period, or that the same is repealed, and from the Date of the Publication of such Proclamation in the Gazette, the said Ordinance or such Part thereof as may be specified in the Proclamation shall be deemed to be suspended or repealed accordingly.
FIRST SCHEDULE.
LIST OF CRIMES AND OFFENCES.
The following List of Crimes and Offences is to be construed according to the Law existing in the Colony of Hongkong, at the Date of the alleged Crime or Offence, whether by Common Law or by Imperial Statute or Local Ordinance made before or after the Passing of this Ordinance.
ORDINANCE No. 13 OF 1870.
Hongkong and Macao Extradition.
Murder, and Attempt and Conspiracy to Murder. Manslaughter.
Wounding with Intent to do grievous hodily Harn.
Counterfeiting and altering Money and uttering Counterfeit or altered Money. Forgery, counterfeiting, and altering, and uttering want is forged or counter- felted or altered.
Embezzlement and Larceny,
Unlawfully receiving stolen Property.
Obtaining Money or Goods by false Pretences.
Crimes by Bankrupts against Bankruptcy Law.
Frand by a Bailee, Banker, Agent, Faetor, Trustee, or Director, or Mether,
or Public Officer, of any Company made Criminal by any Law for the Time being in Force.
Rape.
Abduction, or Foreible Taking or Detention.
Child Stealing.
Durglary and House-breaking.
Ar-ou.
Robbery with Violence.
Threats by Letter or otherwise with Intent to extort.
Piracy by Law of Nations, or Municipal Law.
Sinking or destroying a Vesad at Sea, or attempting or conspiring to do so. Assaults on board a Ship on the bigh Seas with Intent to destroy Lue or to de grievous bodily Harm.
Revolt or Conspiracy to revolt by Two or more Persons on board a Ship on the bigh Seas against the Authority of the Master.
Desertion from the Naval, Military, or Police Forces.
SECOND SCHEDULE.
FORMS.
1.
(Governor's Warrant to Magistrates.)
"THE HONGKONG AND MACAO EXTRADITION ORDINANCE."
By His Excellency
this Colony and its Dependencies.
To .........
Governor and Commander-in-Chief of
Police Magistrates.
Whereas Requisition has been duly made to me pursuant to the above Ordi- nance for the Surrender of one
now in this Colony charged with having committed the Crime of
within the Territory of Macao and with being a Fugitive.
from: Justice.
You are hereby required to govern yourselves accordingly and to aid in apprehending the and Fugitive and in committing him to Gaol for the Purpose of his being delivered up to Justice according to the Provisions of the said Ordi- nance and for so doing this shall be your Warrant.
Given under my Hand and the Public Seal of the Colony, at Victoria, Hong-
18 Day of kong, this
L.S.
By Order,
Colonial Secretary.
Governor, &c.
418
Page 420Page 421
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