638392-1896-Bills-read-Colonial-Court-of-Admiralty-Seal-Factors-Sale-of-Goods-Lis-pendens-vacating-Extradition-of-Fugitive-Criminals-from-British-North-Borneo-Basel-Evangelical-Missionary-Society-Incorporation- — Page 20

THE HONGKONG GOVERNMENT GAZETTE, 15тя FEBRUARY, 1896.

4. Every fugitive criminal shall be liable to be appre- hended and surrendered in manner provided by this Ordi- nance, whether the extradition crime in respect of which the surrender is demanded was committed before or after the passing of this Ordinance, and whether there is or is not any concurrent jurisdiction in any Court in the Colony over that crime.

5. Whenever the requisition for the surrender of a fugitive criminal is made to the Governor of Hongkong by the Governor of North Borneo the Governor of Hongkong may, by order under his hand and real, signify to a Magis- trate that such requisition has been made, and require him to issue his warrant for the apprehension of the fugitive criminal.

6. A Magistrate, on receipt of the said order, shall issue his warrant for the apprehension of the fugitive criminal, or, if the fugitive criminal be already in custody shall issue his order to all necessary persons to bring the fugitive criminal before him to be dealt with according to this Ordinance.

7. A Magistrate may also issue his warrant for the apprehension of a fugitive criminal on such information or complaint as would, in his opinion, justify the issue of a warrant if the alleged extradition crime had been committed in the Colony.

A fugitive criminal apprehended on a warrant so issued shall be discharged by the Magistrate, unless the Magistrate within such time as, with reference to the circumstances of the case, he shall think reasonable, receives from the Governor an order signifying that a requisition has been made for the surrender of such fugitive criminal.

8. When a fugitive criminal is brought before a Magis- trate, he shall hear the case in the same manner, and have the same jurisdiction and powers, as nearly as may be, as if the prisoner were brought before him charged with an indictable offence committed in the Colony.

Provided always that—

(1) Copies of depositions signed or taken before any Judge or other competent Magistrate having authority in North Borneo to take coguizance of the crime charged, and authenticated in man- ner hereinafter provided may be received in evidence of the criminality of such fugitive criminal.

(ii) In the case of a person convicted in North Borneo of an extradition crime, a copy of the conviction, authenticated in manner hereinafter provided, may be received in evidence and shall, where the Magistrate is satisfied that such person is according to the law of North Borneo unlawfully at large, justify such Magistrate in committing such person to Victoria Gaol to await the further order of the Governor without re-open- ing the case.

(iii) In every case proof of the identity of the fugitive criminal must be given to the satisfaction of the Magistrate.

(iv) Warrants of arrest and copies of depositions, signed or taken before any such Judge or other com- petent Magistrate as aforesaid, and copies of convictions shall be received in evidence, if the warrant of arrest purports to be signed by such Judge or Magistrate and if the copies of depo- sitions purport to be certified muder the hand of such Judge or Magistrate, to be true copies of the original depositions, and if the copy of the conviction purport to be certified under the hand and official scal of the Governor of North Borneo to be a true copy of the original con- viction. The signature of every such Judge or Magistrate and his authority to take cogni- zance of the crime or offence charged shall be sufficiently proved if the document purport to be sealed with the official seal of the Governor of North Borneo, and all Courts of Justice in this Colony shall, for the purpose of this Ordi- nance, take judicial notice of such spal, and shall admit the documents so authenticated by it to be received in evidence without further proof.

Liability to be surrendered.

Requisition to the Governor

uay be followed by order to Magistrate

for warrant of apprehension.

Duties of a Magistrate upon receipt. of such order.

Magistrate

may also iste warrant as in ordinary cases.

Hearing of the case and evidence of crime being political.

Evidence in case of person accused.

Evidence in case of a person con- vieted.

Proof of Identity.

Authentica- tion of docu- ments.

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