CO129-268 - Governor Sir Robinson - 1895 [7-11] — Page 433

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4. Every fugitive criminal shall be liable to be appre- bended and surrondered in manner provided by this Ordi- nance, whether the extradition crime in respect of which the surrender is demanded was committed before or after the passing of this Ordinance, and whether there is or is not any concurrent jurisdiction in any Court in the Colony over that crime.

5. Whenever the requisition for the surrender of a fugitive criminal is made to the Governor of Hongkong by the Governor of North Borneo the Governor of Hongkong may, by order under his haud and seal, signify to a Magis- trate that such requisition has been made, and require bim to issue bis warrant for the apprehension of the fugitive criminal.

6. A Magistrate, on receipt of the said order, shall issue his warrant for the apprehension of the fugitive criminal, or, if the fugitive criminal be already in custody shall issue his order to all necessary persons to bring the fugitive criminal belore him to be dealt with according to this Ordinance.

7. A Magistrate may also issue his warrant for the apprehension of a fugitive criminal on such information or complaint as would, in his opinion, justify the issue of a warraut if the alleged extradition crime had been committed in the Colory.

A fugitive criminal apprekended on a warrant so issued shall be discharged by the Magistrate, unless the Magistrate. within such time as, with reference to the circumstances of the ease, he shall think reasonable, receives from the Governor an order signifying that a requisition has been made for the surrender of such fugitive criminal.

8. When a fugitive criminal is brought before a Magle- trate, he shall hear the ease in the same manner, and have the same jurisdiction and powers, as early as may be, as if the prisoner were brought before bim charged with an indictable offence committed in the Colony,

Provided always that--

(1) Copies of depositions signed or taken before any Judge or offer competent Magistrate having authority in North Borneo to take cognizance of the erime charged, and authenticated in man- ner hereinafter provided may be received in evidence of the criminality of such fugitive criniinal,

(i) In the ease of a person convicted in North Borneo of an extradition erime, a copy of the conviction, antbenticated in manner hereinafter provided, may be received in evidence and shall, where the Magistrate is satisfied that such person is according to the law of North Borneo unlawfully at large, justify such Magistrate in committing such person to Victoria Gaol to await the further order of the Governor without re-open- ing the case.

(iii) In every case proof of the identity of the fugitive criminal must be given to the satisfaction of the Magistrate.

(iv) Warrants of arrest and copies of depositions, sigued or taken before any such Judge or other com- petent Magistrate as aforesaid, and copies of convictions shall be received in evidence, if the warrant of arrest purports to be signed by such Judge or Magistrate and if the copies of depo- sitions purport to be certified under the hand of such Judge or Magistrate, to be true copies of the original depositions, and if the copy of the conviction purport to be certified under the hand, allege · Mapietrato by whom the to be a true copy of the original conviction. The signature of every such Judgo or Magistrate and his nuthority to take cognizance of the crime or offence charged shall be sufficiently proved if the document purport to be sealed with the official seal of the Governor of North Borneo, and all Courts of Justice in this Colony shall, for the purpose of this Ordinance, take judicial notice of such seal, and shall silmit the docu- ments so authenticated by it to be received in evidence without further proof.

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