TNAG-0407-FCO40-453-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 25

Provisional warrants

on

orsed

4.-(1) Where a fugitive offender is, or is suspected of being, his way to any part of the Commonwealth but no warrant has been as mentioned in clause 3(1)(a) or issued as mentioned in clause 3(1)(b), the competent judicial authority in that part of the Commonwealth may issue a provisional warrant for his arrest on such information and under such circumstances as would, in that authority's opinion, justify the issue of a warrant if the returnable offence of which the fugitive is accused had been an offence committed within that authority's jurisdiction.

(2) A report of the issue of such a provisional warrant, together with the information in justification or a certified copy thereof, will be sent to the competent executive authority and, in a case in which that authority decides on the said information and any other information which may have become available that the fugitive should be discharged, that authority may so order.

Committal proceedings

5.-(1) A fugitive offender arrested under a warrant endorsed or issued as mentioned in clause 3(1), or under a provisional warrant issued as men- tioned in clause 4, will be brought, as soon as is practicable, before the competent judicial authority who will hear the case in the same manner and have the same jurisdiction and powers, as nearly as may be, including power to remand and admit to bail, as if the fugitive were charged with an offence committed within that authority's jurisdiction.

(2) The competent judicial authority will receive any evidence which may be tendered to show that the return of the fugitive offender is precluded by law.

(3) Where a provisional warrant has been issued as mentioned in clause 4 but, within such reasonable time as with reference to the circumstances of the case the competent judicial authority may fix--

(a) a warrant has not been endorsed or issued as mentioned in clause

3(1), or

(b) where such endorsement or issue of a warrant has been made con- ditional on the issue of an order to proceed, as mentioned in clause 3(2), no such order has been issued,

the competent judicial authority will order the fugitive to be discharged.

(4) Where a warrant has been endorsed or issued as mentioned in clause 3(1) the competent judicial authority may commit the fugitive to prison to await his return if—

(a) such evidence is produced as establishes a prima facie case that he

committed the offence of which he is accused, and

(b) his return is not precluded by law,

but, otherwise, will order him to be discharged.

(5) Where a fugitive offender is committed to prison to await his return as mentioned in the preceding paragraph, notice of the fact will forthwith be given to the competent executive authority in that part of the Common- wealth in which he is committed.

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