His Excellency states that the delay, consequent great expense, and shifting nature of the cases render the Viceroy unwilling to demand extradition, and that the Treaty consequently risks becoming a dead letter.
2. His Excellency desires to call the attention of the Magistrates to Section III of Ordinance 2 of 1850, according to which the magistrate is to commit where there is probable cause for believing that the accused has committed the crime.
The Privy Council, in the case of the Attorney General of Hong Kong v. Kwok A-Sing, had to consider the provisions of this Ordinance and the powers of the Magistrate under it. The Judges speak of "prima facie evidence" and of the sufficiency of prima facie evidence to justify the magistrate in committing. There is a discussion on whether "probable cause" and "prima facie evidence" are synonymous terms.
2. By the Treaty of Peking, this Government is bound, certain requirements being complied with, to deliver up criminals who have taken refuge in Hong Kong.
The Magistrates cannot require such proof of guilt as would be necessary to commit under their duty, as prescribed by the Ordinance mentioned above, but only that a prima facie case has been made out.
stis Excellency that the delay
consequent great
and shi
expense of ther
cases render
the viceroy unwilling to
derrand excraditio; and
that the Treaty consequently of becoming
aish
a deas letter.
2. His Excelency desires to carl he actention of the Magistratio to section III of Ordinance
2 of 1850 according the magistrate is
commnt where there is probade.
to wrench.
cance for believing
l
that she
accused has committed the
crime.
te
The
Privy commeil in case of the actorney General of Houghing v. Krook Azing
had to
consider the provisions.
zdis ordinance and the
£220
Magistrate. under
it. The Judges speak of "priina facie
widence and of the sufficiency.
M
of prima facie evidence to justify the magistrate, in committing. There is that "probable causé' "prima facie wvidence
synonymous termo
3
2. By the Treaty of Pentom this Goverment is bound
certain requirements being complied wish to deliver up
e
Criminals who have refuge in singkong.
taken
The reagistrates carnot require such proof of guilt as could
ضلع
their duty, under the ordinance
above mentioned, to commit as
prima facie
made out
povers and
Intico op he
cace has been me
Magistrates
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