CO129-604-7 Expulsion of Undesirables Ordinance 1949 19-8-1949 - 16-12-1949 — Page 64

74

Lower to

OVORYKT to arcier

Recond

Form To.7.

Já soberge

#1 rendezod

if not

within two southe.

Aldozo ani abottors in cetondition

Frotection

magistrate and others acting wit WaTant or ozler.

onů chechile.

Fugitive

oriminal to be doɑased

to be a national of China.

*viderne

rezident in the Colony fær one year or upmrds, the depositions 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 decide her much fugitive orizánal ohall be marrendarod or not,

(2) If the fugitive arizinal while in the Colony escapes out of any custody into which he has been delivered in pursuance of a magistrate's varreut as aforesaid, it shall be lawful for any police constable to take him without u

ias ema od, and for the

has escaped to retake him or

restore hâa to the custody from which he from whose custody the fugitive ori inal eive him from such constable and to hold

hím at all ti:se ne upon the original warrant

13. Shoot where any prooscddings are actually pending upon a writ of habens cavus befɑre the prase Court, and in such case with the contraxe in writing of the judge having cognisance thereof, the COPRYNGE CRY: nt any tiɔe, by ardor under his ha å and soal, di soʻmarys a fugitive orixinal from custody.

1, if a fugitive criminal who has bee auzitted to prison under thia Ürdinance to mmmit the order of the Govermor is not surten ered and conveyed out of the Colony within two conths after such ocmittal, a ju nay, on aplication nade to his by or on behalf of the fugitive orixinal and on proof that reasonable notice of the intention to make such a plication has been given to the Crown Solicitor, order the fugitive crizâml to be disoƐarged out of custody, unless mufficient case is shown to the contrary.

15.

person who is accused or ourvicted of having sounam i led, procured, caz.anded, sidel, or abetted the exmission of any extradition crine or of being accessory before the fact to any extradition crime siall be deaned, for the purposes of this (rdi:ms, to be accused or convicted of beving oɑmitted much crime, and shall be liable to be apprehended and wareniered accordingly,

16. If any notion or malt is brought against a magistrate, Superintendent of Frisons, a gaoler, polios officer, or any other person for anything done under or in obedience tɔ any warrant or order ismaed under the ¿rovisions of this Urdinance, the jaoof of such warrant or order shall be a sufficient snæver to such nation or wit, mi the

fendant, on such proof na aforemid, shall be sʊtitled to a verdict or judgment accordingly and shall also be entitled to all costs of adt.

17. The foras in the Depond (chedule or forms to the like effect, with auch variations and adiiti ne as cirozstances may requirs, may be Losû for the praposos therein indicaded and amoɑrding to the directiona therein contained, ani instruments in those vas shall (na regards the for: thereof) be valid and sufficient,

18. In all procedings contexylated by this Ordinance every fugitive aridinal for whose surreñor a requisition is made aimll be deemed to be a national of China mnless he shall prove the contrary affirmatively; Provided that this section shall not be eonærtrued as imposing any obligation on the Governor or as binding Groen in any mature whatsoever.

19. A certificate unier the hand of the Colonial Secretary shall, upon production and without proof of the signature or any other proof,

doʻelusive evidence in any proceedings on any question relating to any

As amended by 50.17 of 1927 (26.10.27)