CO129-604-7 Expulsion of Undesirables Ordinance 1949 19-8-1949 - 16-12-1949 — Page 63

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Attal to prison cr disobargo

schedule Form 1065

fotics to Dronn Joliei tor before

(b) trelations in English of such depositions, if certified by

ritish consular (Yiour to be correct tra/mlations, may sooɑmpany the certifial copy of the depositions,y and in coố GREG MÁ tranalations may be recedveû in evidence in the awe

the

(a) any ocgies of depositions received in evidence, or, if ræoGEBATÝ, a translation thereof, shall be read over to the fugitive criminal, if he so desiron, and he shall be asked if he has any valid oause to sho vhy he should not be candtted to prison to mmit the order of the Governor |

(a) the burden of proof that a fugitive orixinal has resided'in this Oolony for more than six montha, during the eriod mentioned in paragra (a) of this provino, shall lie on such fugitive orisinal; and

(e) in every case proof of the identity of the fugitive criminal Frist be

the satisfaction of the magistrate.

(2) The magistante shall receive any evidence which may be tendered show that the crime of which the prisoner is accused is an offence s political alaracter or is not an extradition arie,

10, (1) If, at the hearing before a magistrate, such evidence is roduced as would, sub eet to the provisions of tide ürdinance, justify the conditéal of the fugitive ori sinal for trial at the Supreme Court the grine of which he in accused had been committed in the Colony, he magistrate shall oɑrit him to prison to ammit the further order

zvernor, but otherwise shali oróar his be discharged.

(2) If the magistrate oordte the fugitive criminal to rison, be #hall thereupori inform the fugitive orizinal that he will not be surrendered until after the pirntion of fifteen days from the date of such onnittal and that he ima a right to a ply to the Supreme Court for a writ of habens coayus, and the magistrate shall forthwith send the Governor the da cultione and other evidenos in the case, together with a report thereon and in particular in relation to -

(a) the lages of time aloe the camasion of the extradition arinej

(b) tim length of residence in the Orlony and fugitive criminal; and fugitive

olarnotar

(c) any circmstances throwing suspicion on the origin or nature of the charge ndo,

11. efore ordering a fugitive oriziral to be discharge magistrate shall cause notice of his intention to naice mach order to be given to Cromm Solini tor,

ermat for

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Sooond

Sobed le Foam T. Ú.

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12.

(1) On the mượxiration of fifteen days from the date of the magistrate's order af oɑittal, or, if a writ of habeas oorna has beer: lønued and if, on the retum to he writ, the Supreme Court has not diso arged the fugitive criminal, imediately after the ecision of the doirt, or fter much further period in either esas as the Governor may allo, the GOVERNOR by warrant under his hand and seal, orier fugitive orisinal to be surrendered to such

as the GoVSITOR considere to be authorised receive his on shalf of the Chinese autɛority to when the Governor co:miders that he should be surre: derod, and tho fugitive criminaɛ shall be murrendered nonordinglys #rovided always that whenever the Governor, from the magistrate's report or othervása, has reason to suppes that any fugitive original who has bem oom Attad rison to muit further order of GOVEIDOT ins been

As amended by Law Rev. Ord. 1937.

As amended by No.17 of 1927 (28.10.27) and Law Rev. Ord., 1937.