CO129-240 - Public Offices & Others - 1888 — Page 199

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X

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the prefitive Oriminal.

that he will not be

pugitive criminal.

IX. If at the hearing of the case such evidence is produced as committal of

would justify the commital for trial of the prisoner, if the crime of the crimazin which he is accused ha dheen a crime against the laws of England A

an of Hanghong and had been committed in the Colony, were Zuidhore, the Magistrate shall commit him to Victoria Gaol

to await the farther order of the Governor, but otherwise shall / Cerneck order him to be discharged. Ha fugetier

If he commits aneh criminal to prison, he shall forthwith send

to the Governor the depositions and other evidence in the case, together with such report upon the case as he thinks fit

Xafter the expiration of days after the date of committal, Governor may

the Governor in Council may, by warrant under his hand and seal, sign warrant

Surendered untik aflager that the fugitive criminal be surrendered to such person as '

the expiration

of fifteen

& and that he hav laya

right to apply for a

Ita beas Corpus.

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XVI

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he considers to be authorised to receive him on behalf of the Chinese authorities, and the criminal shall be surrendered accordingly.

If the Criminal, while in Colony, escapes out of any custody

to which he is delivered in pursuance of such warrant, it shall

of surrender.

wita

y

of a pesiter

Confthe

afraid, after the

decision of the fort.

be lawful for any police officer to take him without warrant and when the relat

to restore him to the custody from which he escaped; and for the

persou from whose custody the criminal escaped to retake him or

to receive him from such police officer and to hold him at all times as upon the original custody.

the gout and c

in the cas

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The

Governor

The Governor in Council may, at any time, order, under his hand and seal, that a fugitive criminal be discharged from custody, in Council may

committats appeal by

at any time order the discharge of a criminal.

order.

XII. In any warrant for the apprehension of a fugitive criminal, What sufficient or in any warrant of committal, fr other warrant, in in any order description of issued or made under this Ordinance, it shall be sufficient to des, the crime in a cribe the crime of which the erihinal is accused in terms the same warrant or as, or similar to, thuse contained in the requisition for his surrender. XVI. The Governor may, from time to time, by Proclamation in Power to add

the Gazette, declare that any crime specified in such Proclama- to the schedule tion, and not included in the first schedule to this Ordinance, of crime shall be an extradition crime, and from and after the date of the publication of such Proclamation, the several crimes specified therein, shall come within the operation of this Ordinance as if the same had been originally included in the said schedule.

* The Governor may, at any time, by Proclamation in the Power to re- Gazette, declare that any crime specified in the first schedule move any to this Ordinance, or which may hereafter be added to the said crime from schedule as hereinbefore provided, shall no longer be an extra-

schedule. dition crime, and from and after the date of the publication of such Proclamation, such crime shall cease to be within the ope- ration of this Ordinance.

XXIV.

XX. If any action be brought against a Magistrate, Guoler, Protection to officer of Police, or any other person, for anything done in Magistrate, obedience to any warrant or order issued under the provisions Galer, &n... of this Ordinance, the proof of such warrant or order shall be a acting under

sufficient answer to such action, and the defendant or defendants, on such proof as aforesaid, shall be entitled to a verdict or judg meut in his or their favour, and shall also be entitled to his or their full costs of suit.

warrant.

mat un

tane after this

date y reche

XXI. In this Ordinance, unless the context otherwise requires, Interpretation. The term "Extradition Crime" means a crime which if com- mitted in the Colony, cable thecin, would be one of the crimes described in the first schedule to this Ordinance;

The term "Fugitive Criminal" means any subject of China accused of an extradition crime committed within the jurisdiction of China, or on the high seas, who is in or suspected of being in Hongkong, or on board a British ship there.

XVII. The forms given in the second schonto this Ordinance, Forms in forms as near thereto as circumstances admit. may ha nead in second sche sufficient in law.

all masi--

1850 and 2 of

XXIII. Ordinance No. 2 of 1850, and Ordinance No. 2 of 1871 Repeal of Or are hereby repealed: but if any proceedings for the surrenderdinances 2 of of a criminal have been commenced under the said Ordinances 1871. before the repeal thereof, such proceedings may be completed, and the criminal surrendered, as if this Ordinance had not been passed.

KIX This Ordinance shall not come into operation until Suspending Her Majesty's confirmation thereof shall have been proclaimed clause. in the Colony by the Governor.

(To buinserted-

FIRST SCHEDULE.

thetist of crimes has been agreed upon with the

thoritier-)·

be page h