CO129-268 - Governor Sir Robinson - 1895 [7-11] — Page 434

(vi) The warrant of arrest and the copy of the deposi- tions, or, as the case may be, the copy of the conviction shall be read to the fugitive criminal if he so desire and he shall be asked if he has any valid cause to show why he should not be committed to Gaol to await the order of the Governor.

The Magistrate shall receive any evidence which may be tendered to show that the crime or offence of which the fugitive criminal is accused, is a crime or offence of a poli- tical character, or is not an extradition crime.

9. If at the hearing before a Magistrate such evidenco is produced as would subject to the provisions of this Ordi- nance justify the committal of the fugitive criminal for trial at the Supreme Court if the extradition crime of which he is accused had been committed in the Colony, and in cases of conviction provided for by section 8, sub-section (ii), of this Ordinance, the Magistrate shall commit him to Victoria Gaol to await the further order of the Governor of Hong- kong but otherwise shall order him to be discharged,

If the Magistrate commits the fugitive criminal to Vic- roria Gaol, he shall therenpou inform the fugitive criminal that he will not be surrendered until after the expiration of fifteen days from the date of such committal and that he has a right to apply to the Supreme Court for a writ of Habeas Corpus, and such Magistrate shall forthwith send to the Governor of Hongkong the depositions and other evidence in the case together with a report thereou.

10. Before ordering a fugitive criminal to be discharged the Magistrate shall cause notice of his inteution to make such order to be served on the Crown Solicitor.

11. Ordinance 10 of 1890 so far as it relates to appeals from the decisions of Magistrates shall not apply to pro- ecedings under this Ordinance.

12. (1) Upon the expiration of fifteen days from the date of the Magistrato's order of committal or if a writ of Habeas Corpas has been issued and if upon the return to the writ the Supreme Court has not discharged the fugitivo criminal, immediately after the decision of the Court, or after such further period in either case as the Governor of Hongkong may allow the Governor of Hongkong may, by warrant under his band and scal, order the fugitive criminal to be surrendered to such person as the Governor of Hong- kong considers to be authorized to receive him on behalf of the North Borneo authorities and the fugitive criminal shall be surrendered accordingly.

(i) If the fugitive criminal while in the Colony escapes out of any custody into which he has been delivered in pursuance of a Magistrate's warrant as aforesaid it shall be lawful for any police officer or constable to take him without warrant and to restore him to the custody from which he bus escaped, and for the person from whose custody the fugitive criminal has escaped to retake him or receive him from such police officer or constable and to bold him at all times as upon the original warrant,

18. Except where any proceedings are actually pending upon a writ of Habeas Corpus before the Supreme Court and in such case with the concurrence in writing of the Judge having cognizance thereof, the Governor may at any time by order under his hand and seal discharge a fugitive criminal from custody.

14. If a fugitive criminal who has been committed to prison under this Ordinance to await the order of the Governor is not surrendered and conveyed out of the Colony within two months after such committal, or within two months after the determination of any proceedings upon a writ of Habeas Corpus, as the case may be, any Judge of the Supreme Court may upon application made to him by or on behalf of the fugitive criminal and upon proof that reason- able notice of the intention to make such application has heen given to the Crown Solicitor, order the fugitive criminal to be discharged out of custody unless sufficient cause is shewn to the contrary.

15. Every person who is accused or convicted of having counselled, procured, commandod, nived or abetted the com- mission of any extradition crime or of being accessory before the fact to any extrudition crime shall be deemed for the purposes of this Ordinance to be acensed or convicted of having committed such crime and shall be liable to be apprehended and surrendered accordingly.

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is

be read to hu

fugiiire, who must be anke?

to show cau SA

Camoletai to prison.

Sotle to

rown Soilcitor

before discharge.

Ordinanec 10 of fan use to apply.

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Discharge of fughira criminsi.

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BUT SOITAN- dered within two monthe or

on application

After dealsion

upon Habear Corpus to

a judge upon

notice to the

CIGWD.

Aldare and abetters in extradition grime

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