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THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1896.

Documents to be read to the fugitive, who must be asked to show entise,

Evidence of erine being political.

Committal to prison.

Notice to Crown Solicitor before discharge.

Ordinance 10 of 1890 not to apply.

Warrant of surrender when to be signet.

Discharge of fruitive

criminal.

Pischarge

not surren- dered within two months or on application after decision upon Habeas Corpus to A judge upon

tee to the Crown.

Afers and aborters in extradition crimes,

(v) The warrant of arrest and the copy of the deposi- tions, or, as the case may be, the copy of the conviction shall be read to the fugitive criminal if he so desire and he shall be asked if he has any valid cause to show why he should not be committed to Gaol to await the order of the Governor.

The Magistrate shall receive any evidence which may be tendered to show that the crime or offence of which the fugitive criminal is accused, is a crime or offence of a poli- tical character, or is not an extradition crime.

9. If at the hearing before a Magistrate such evidence is produced as would subject to the provisious of this Ordi- nance justify the committal of the fugitive criminal for trial at the Supreme Court if the extradition crime of which he is acensed had been committed in the Colony, and in cases of conviction provided for by section 8, sub-section (ii), of this Ordinance, the Magistrate shall commit him to Victoria Gaol to await the further order of the Governor of Hong- kong but otherwise shall order him to be discharged.

If the Magistrate commits the fugitive criminal to Vic- toria Gaol, he shall thereupon inform the fugitive criminal that he will not be surrendered until after the expiration of fifteen days from the date of such committal and that he has a right to apply to the Supreme Court for a writ of Habeas Corpus, and such Magistrate shall forthwith send to the Governor of Hongkong the depositious and other evidence in the case together with a report thereon.

10. Before ordering a fugitive criminal to be discharged the Magistrate shall cause notice of his intention to make such order to be served on the Crown Solicitor.

11. Ordinance 10 of 1890 so far as it relates to appeals from the decisions of Magistrates shall not apply to pro- ceelings under this Ordinance.

12. (1) Upon the expiration of fifteen days from the date of the Magistrate's order of committal or if a writ of Habeas Corpus has been issued and if upon the return to the writ the Supreme Court has not discharged the fugitive criminal, immediately after the decision of the Court, or after such further period in either case as the Governor of Hongkong may allow the Governor of Hongkong may, by warrant under his hand and scal, order the fugitive criminal to be surrendered to such person as the Governor of Hong- kong considers to be authorized to receive him on behalf of the North Borneo authoritics and the fugitive criminal shall be surrendered accordingly.

(ii) If the fugitive criminal while in the Colony escapes out of any custody into which he has been delivered in pursuance of a Magistrate's warrant as aforesaid it shall be lawful for any police officer or constable to take him without warrant and to restore him to the custody from which he has escaped, and for the person from whose custody the fugitive criminal has escaped to retake him or receive him from such police officer or constable and to hold him at all times as upon the original warrant.

13. Except where any proceedings are actually pending upon a writ of Habeas Corpus before the Supreme Court and in such case with the concurrence in writing of the Judge having cognizance thereof, the Governor may at any time by orler under his hand and seal discharge a fugitive criminal from enstody.

14. If a fugitive criminal who has been committed to prison under this Ordinance to await the order of the Governor is not surrendered and conveyed out of the Colony within two months after such committal, or within two months after the determination of any proceedings upon a writ of Habeas Corpus, as the case may be, any Judge of the Supreme Court may upon application made to him by or on behalf of the fugitive criminal and upon proof that reason- able notice of the intention to make such application bas been given to the Crown Solicitor, order the fugitive criminal to be discharged out of custody unless sufficient canse is shewn to the contrary.

15. Every person who is acensed or convicted of having counselled, procured, commanded, aided or abetted the com- mission of any extradition crime or of being accessory before the fact to any extradition crime shall be deemed for the purposes of this Ordinance to be accused or convieted of having committed such crime and shall be liable to be apprehended and surrendered accordingly.