266
that the offence charged against the
prisoner was
of a political nature, or.
to the case, provided
· provided for
alternative clause
on the
I.
of Section X of
Ordinance; where a person
the
Aarner.
has been ordered.
to be arrested
2
by
the
Magistrate
detained, not becaus
been
of his extradition having, brow
demanded.
bule
endence incu
offences
committed.
laws
consequence
hem
of.
inculpating.
against the
China, having incidentally
been brought tolight in the course, of a trial juridically affecting only the Colony of Hongkong
A
In the
former of
these caves
the
(
the accused would, in
Article 7.
of
the Act
set at le
liberly,
conformity
with
of 1870, have to be
and in the latter, be
would also have to be released, if,
offer the lapse of
a reasonable period,
for
his
120
application
extradition.
In each of
was made
these cases the duty
of discharging the prisoner world.
nativally and
necoparily fall to
the executive and it is to them,
and not to cases like the
ONL
under discussion must, I think, be interpreted as
word "discharge",
applying the
in the Ordinance
referred
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