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ORDINANCE No. 26 of 1889.
Chinese Extradition.
12. Before ordering a fugitive criminal to be discharged the Magistrate shall cause notice of his intention to make such order to be served on the Crown Solicitor.
18. (1.) Upon the expiration of fifteen days from the date of the Magistrate's order of committal or if a writ of Habeas Corpus has been issued and if upon the return to the writ the Supreme Court has not discharged the fugitive criminal, immediately after the decision of the Court, or after such further period in either case as the Governor may allow the Governor may be warrant under his hand and seal, order the fugitive criminal to be surrendered to such person as the Governor considers to be authorized to receive him on behalf of the Chinese authorities and the fugitivo criminal shall be surrendered accordingly: Provided always that whenever the Governor shall from the Magistrate's Report or otherwise have reason to suppose, that any fugitive criminal, who has been committed to the Victoria Gaol to await the further order of the Governor, has been resident in the Colony, for one year or upwards, the depositious and evidence taken before the Magistrate on the investigation of the case shall together with the Magistrate's Report thereon be considered by the Governor in Council, who shall be assisted in such consideration by the Chief Justice of the Colony and the Governor in Conueil shall decido whether such fugitive criminal shall be surrendered or not. (2.) If the fugitive criminal while in the Colony escapes ont 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 hin without warrant and to restore bim to the custody from which he has es- caped, 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 hold him at all timer as upon the original warrant.
14. Except where any proccedings 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.
15. If a fugitive criminal who has been committed to prison ander this Ordinance to await the order of the Governor is not surrendered and conveyed out of the Colony within two months after such committal, any Judge of the Supreme Court may upon application made to him by or on behalf of the fugitive criminal and upon proof that reasonable notice of the intention to make such application has been given to the Crown Solicitor, order the fugitive criminal to be discharged out of custody unless sufficient cause is shown to the contrary.
ORDINANCE No. 26 OF 1889.
Chinese Extradition.
16. Every person who is necrsed or convicted of having counselled procured commanded aided or abetted the com- mission of any extradition crine or of being accessory before the fact to any extradition crime shall be deemed for the purposes of this Ordinance to be seensed or convicted of having committed such crime and shall be liable to be apprehended and surrendered accordingly.
17. If any suit or action be brought against a Magis- trate, Superintendent of the Victoria Gaol, Gaoler Police Officer, Coustable or any other person for anything done under or in obedience to any warrant or order issued under the provisions of this Ordinance, the proof of such war- rant or order shall be a sufficient answer to such suit or action, and the defondant on such proof as aforesaid shall be entitled to a verdict or judgmont accordingly and shall also be entitled to all costs of suit.
18. The forms in the second schedule horeto or formas to the like effect with such variations and additions as cireun- stances require may be used for the purposes therein iuli- cated and according to the directions therein contained and instruments in these forms shall (as regards the form thereof) be valid and sufficient.
19. This Ordinance shall not come into operation unless and until the Officer Administering the Government notifies by Proclamation that it is Iler Majesty's pleasure not to disallow the same; and thereafter it shall come into opera- tion on such day as the Officer Administering the Govern- ment shall notify by the same or any other prociunation.
Passed the Legislative Council of Hongkong, this 25th day of June, 1889.
ARATHOON SETH, Clerk of Councile.
Aidan!
better in extradition erime
Assented to by His Excellency the Governor, the 3rd day of July, 1839.
FREDERICK STEWART, Colonial Secretary,
FIRST SCHEDULE.
EXTRADITION CRIMES.
Murder and attempt to murder.
Manslaughter.
Malicious wounding.
Protection of Magistrate
url.
natias under Warrant.
Counterfeiting or altering money, uttering or bringing into circulation counterfeit or altered money.
Form.
Stepering Cinute
517
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