CO129-453 - Acting Governor Claud Severn - 1919 [1-3] — Page 225

1.

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have been preserved by the first clause of Article XVII of the treaty. The result of the judgment appears to be that fugitives from Macao may claim here benefit of any defence or limitation which would be open to them either under the Acts or under the Ordinance.

4.

The chief points in which the Ordinance

differs from the Acts are as follows:-

Made the Act's

taker

A) rebedin to the extre

det wurder the in At her fee

with in the territory

of Macas ish

you

(a). Extradition is not confined to offences

committed within the territory of Macao but includes offences committed on the high seas. (b). There is no provision for the issue of a

warrant of arrest by a magistrate except on an order by the Governor, which cannot be issued until a requisition has been received. (c). The fugative is given the right of appeal to the Supreme Court on the whole case. This is

in addition to his common law right to apply for a writ of habeas corpus.

(d). The fugitive is debarred from raising in the Courts the defence of political offence, and

the decision on this point is placed in the

hands of the Governor in Council.

(e). Desertion from the naval, military or police

force of Macao is an extraditable offence

under the Ordinance.

(f). The extradition crimes added by the Extradi-

-tion Act, 1873, and the Extradition Act,

1906, are not extraditable offences under the

Ordinance, with the exception of receiving

and wounding with intent to do grievous

bodily harm.

5.

It seems both unnecessary and undesir-

-able that there should be a separate system of law for the

solitary