Arrest for
purposes of committal.
Proceedings for committal.
FUGITIVE CRIMINAL
(2) There shall be furnished with any request made for the purposes of this section on behalf of any country-
(a) in the case of a person accused of an offence, a warrant for his arrest
issued in that country;
(b) in the case of a person unlawfully at large after conviction of an offence, a certificate of the conviction and sentence in that country, and a statement of the amount if any of that sentence which has been served,
together (in each case) with particulars of the person whose return is requested and of the facts upon which and the law under which be is accused or was convicted, and evidence sufficient to justify the issue of a warrant for his arrest under section 6 of this Act
(3) On receipt of such a request the Governor may issue an authority to proceed unless it appears to him that an order for the return of the person concerned could not lawfully be made, or would not in fact be made, in accordance with the provisions of this Act
6.—(1) A warrant for the arrest of a person accused of a relevant offence, or alleged to be unlawfully at large after conviction of such an offence. may be issued by a permanent magistrate—
(a) on the receipt of an authority to proceed:
(b) without such an authority, upon information that the said person is
or is believed to be in or on his way to Hong Kong;
and any warrant issued by virtue of paragraph (b) above is in this Act referred to as a provisional warrant.
(2) A warrant of arrest under this section may be issued upon such evidence as would, in the opinion of the magistrate, authorise the issue of a warrant for the arrest of a person accused of committing a corresponding offence or, as the case may be, of a person alleged to be unlawfully at large after conviction of an offence, within the jurisdiction of the magistrate.
(3) Where a provisional warrant is issued under this section, the magistrate by whom it is issued shall forthwith give notice to the Governor, and transmit to him the information and evidence, or certified copies of the information and evidence, upon which it was issued; and the Governor may in any case, and shall if he decides not to issue an authority to pro- ceed in respect of the persca to whom the warrant relates, by order cancel the warrant and, if that person has been arrested thereunder, discharge him from custody.
(4) A warrant of arrest issued under this section may be executed by any person to whom it is directed or by any police officer.
(5) Where a warrant is issued under this section for the arrest of a person accused of an offence of stealing or receiving stolen property or any other offence in respect of property, a permanent magistrate shall have the like power to issue a warrant to search for the property as if the offence had been committed within the jurisdiction of the magistrate.
7.-(1) A person arrested in pursuance of a warrant under section 6 of this Act shall (unless previously discharged under subsection (3) of that section) be brought as soon as practicable before a court (in this Act referred to as the court of committal) consisting of a permanent magistrate. (2) For the purposes of proceedings under this section a court of committal shall have the like jurisdiction and powers, as nearly as may be. including power to remand in custody or on bail, as a magistrate has under Part II of the Magistrates Ordinance(a).
(a) Hong Kong Laws, Revised Edition 1964, c. 227.
S.I. 1967/1911
(3) Where the person arrested is in custody by virtue of a provisional warrant and no authority to proceed has been received in respect of him, the court of committal may fix a reasonable period (of which the court shall give notice to the Governor) after which he will be discharged from custody unless such an authority has been received.
(4) Where an authority to proceed has been issued in respect of the person arrested and the court of committal is satisfied; after hearing any evidence lendered in support of the request for the return of that person or on behalf of that person, that the offence to which the authority relates is a relevant offence and is further satisfied-
(a) where that person is accused of the offence, that the evidence would be sufficient to warrant his trial for that offence if it had been com- mitted within the jurisdiction of the court;
(6) where that person is alleged to be unlawfully at large after conviction of the offence, that he has been so convicted and appears to be so at large.
the court shall, unless bis committal is prohibited by any other provision of this Act, commit him to custody to await his return thereunder; but if the court is not so satisfied or if the committal of that person is so prohibited, the court shall discharge him from custody.
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8.-(1) Where a person is committed to custody under section 7 of this Application Act, the court shall inform him in ordinary language of his right to make for hatcas
an application for habeas corpus and shall forthwith give notice of the corpus, etc. committal to the Governor.
(2) A person committed to custody under the said section 7 shall not be returned under this Act-
(a) in any case, until the expiration of the period of fifteen days beginning
with the day on which the order for his committal is made;
(b) if an application for habeas corpus is made in his case, so long as
proceedings on that application are pending.
(3) On any such application the Full Court or a judge of the Supreme Court may, without prejudice to any other jurisdiction of the court, order the person committed to be discharged from custody if it appears to the court or judge that-
(a) by reason of the trivial nature of the offence of which he is accused
or was convicted; or
(b) by reason of the passage of time since he is alleged to have com- mitted it or to have become unlawfuily at large, as the case may be; or (c) because the accusation against him is not made in good faith in the
interesis of justice,
it would, having regard to all the circumstances, be unjust or oppressive to return him.
(4) On any such application the Full Court or a judge of the Supreme Court may receive additional evidence relevant to the exercise of their or his jurisdiction under section of this Act or under subsection (3) of this section.
(5) For the purposes of this section proceedings on an application for babeas corpus shall be treated as pending until any appeal in those proceedings to the Full Court is disposed of; and an appeal shall be treated as disposed of at the expiration of the time within which the appeal may be brought or, where leave to appeal is required, within which the application for leave may be made, if the appeal is not brought or the application made within that time.
9.-(1) Where a person is committed to await his return and is not dis- Order for charged by order of the Full Court or a judge of the Supreme Court, the return to Governor may by warrant order him to be returned to the country by requesting which the request for his return was made unless the return of that country. person is prohibited, or prohibited for the time being, by section 4 of this Act or this section, or the Governor decides under this section to make no such order in his case.
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