CO129-243 - Public Offices & Others - 1889 — Page 246

༢་ :

243

the ferris of this

hand he shall inform the pugitive criminal ha

The will not be surrendered wanted after the expiration of teen days and that he she right to apply ut gutabeas Corpino.

I see Arges 6.

6.

and

For clauses X xifs.ne pages 9 410

Porch aust

Xym

cee p. 11.

on bourd a Chinese

Ship

dusitive cuminat

IX. If at the hearing of the case such evidence is produced as Committal of would justify the commutal for trial of theprises, if the crime of the criminal.gitwel which he is accused beerime against the lewe of Engianes dongirang had been committed in the Colony, we -gaiakia theme, the Magistrate shall commit bím to Victoria Gaol to await the further order of the Governog, but otherwise shall order him to be discharged

topclive

If he commits criminal to prison, he shall forthwith send to the Governor the depositions and other evidence in the case, torether with such report upon the case as he thinks li

Xe the expiration of days The date of committal Governor may ret

ford rovert may, by warrant under his hand and senf, sign warrant order that the fugitive criminal be surrendered to such person as of surrender..

is based,

rapon Phe crotturn to the

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

g

If the criminal, while in the Colony, escapes out of any custody to which he is delivered in pursuance of such warrant, it shall be lawful for any police officer to take him without warrant and to restore him to the custody from which he escaped; and for the person 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 Governor one may, at any time, order, under his. The Governor hand and seal, that a fugitive criminal be discharged from custody. in Council may

auch

after the

heront as wa allowed is tha I fovemw

at any time order the discharge of a criminal.

XII. In any warrant for the apprehension of a fugitive criminal, What puffelent or in any warrant of committe, or other warrant, or in any order description of issued or made under this Oflinance, it shall be sufficient to des- the prime in a cribe the crime of which the friminal is accused in terms the same warrant or as, or similar to, those fontained in the requisition for his surrender.

order.

JUHTE, The Governor in fata tima tu éing by Persimmationid" Power to add the Gazette, declare that any rime specified in such Proelama- to the schedule tion, and not included in the first schedule to this Ordinance, of crime shall be an tradition crime, and from and after the date of the publication of such Proclamation, the several crimes specified therein, shall come within the operation of his Ordinance as if the same had been originally included in the said schedule.

* The Governor may, any time, by Proclamation in the Power to re- Gazette, declare that any crine specified in the first schedule move any to this Ordinance, or which may hereafter be added to the said crime from schedule as reinhefore provided, shall nonger be an extra- schedule. dition crime, nd from and after the date of the publication of snch Proclamation, such acinstall-sease to a willin-the-op

acting nuder

If any action be brought against a Magistrate, Gaoler, Protection to officer of Police, or any other person, for anything done in Magistrate, obedience to any warrant or order issued under the provisions Gauler, &c., of this Ordinance, the proof of such warrant or order shall be a. warrant. sufficient answer to such action, and the defendant or defendants, on such proof as aforesaid, shall be entitled to a verdict or judg ment in his or their favour, and shall also be entitled to his or their full costs of suit.

XVII, **. In this Ordinance, unless the context otherwise requires, Interpretation.

com-

The term Extradition Crime" means a crime which mitted in the Colony, lemmálin, 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 Chinn on the high seas, who is in or suspected of being in Hongkong, or on board a British ship there.

vi. 1. The forms given in the second schedule to this Ordinance, Forms in

dule may be

or forms as near thereto as cirerastances admit, may be used in second scho all matters to which such forms refer, and when used shall be used. Bufficient in law.

1850 and 2 of

XIX. H. Ordinance No. 2 of 1850, and Ordinance No. 2 of 1871 Repeal of Or- are hereby repeated; but if any proceedings for the surrender dinances of of a criminal have been commenced under the said Ordinances 1871. before the repeal thereof, such proceedings way be completed, and the criminal surrendored, as if this Ordinance had not been passed.

XX

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.

(Do-by-banded when bln hat-of-arierea luen diren agreed-upon with tkc

X See

Chinees unthorisinor)

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