638680-1896-Ordinances-Nos-1-2-3-and-4-of-1896-assented-to- — Page 4

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THE HONGKONG GOVERNMENT GAZETTE, 21ST MARCH, 1896.

Power to add or expunge from the schedule of crimes and offences.

Restrictions on surrender.

Liability to be surrendered.

Requisition to the Governor may be followed by order to Magistrate

for warrant of apprehension.

Duties of a Magistrate upon receipt of such order.

Magistrate

may also issue was rant as in

ordinary cases.

caring of the case and evidence of erine being political.

Provided always that the Governor of Hongkong in Council may from time to time by order to be published in the Gazette declare that any crime or offence specified in such order and not included in the first schedule hereto shall form part thereof, and from and after the date of the publication of such order the crime or offence specified therein shall come within the operation of this Ordinance as if the same had been originally included in the said schedule, and further that the Governor of Hongkong in Council may at any time by order to be published in the Gazette declare that any crime or offence specified in the first schedule hereto or which may hereafter be added to the said schedule as hereinbefore provided shall no longer form part thereof and from and after the date of the publi- cation of such order such crime or offence shall cease to come within the operation of this Ordinance.

3. The following restrictions shall be observed with respect to the surrender of fugitive criminals :--

(i) A fugitive criminal shall not be surrendered if the crime or offence in respect of which his surrender is demanded is one of a political character or if he prove to the satisfaction of the Magistrate, of of a judge of the Supreme Court, if brought before the Court on a writ of Habeas Corpus, or of the Governor, that the requisition for his surrender has in fact been made with a view to try or punish him for a crime or offence of a political character or for a crime or offence which is not an extradition crime.

(ii) A fugitive criminal, who has been accused of a crime or offence in Hongkong not being the extradition crime for which his surrender is demanded, or who is undergoing sentence under any conviction in the Colony, shall not be sur- rendered until after he has been discharged whether by acquittal or on expiration of his sentence or otherwise.

4. Every fugitive criminal shall be liable to be appre- hended and surrendered in manner provided by this Ordi- nauce, 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 Boruco 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.