640171-1896-North-Borneo-Proclamation-Fugitive-Criminals-Extradition- — Page 2

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Liability to be surrendered,

THE HONGKONG GOVERNMENT GAZETTE, 3RD OCTOBER. 1896.

Requisition to the Governor may be followed by order

to Magistrate for warrant of apprehension.

Duties of a

Magistrate upoti receipt of such order.

Magistrate may also

(i) A fugitive criminal, who has been accused of a crime or offence in North Borneo not being the extradition crime for which his surrender is de- manded, or who is undergoing sentence under any conviction in the Territory, shall not be surrendered 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 apprehended and surrendered in manner provided by this Proclamation, whether the extradition crime in respect of which the surrender is demanded was committed before or after the passing of this Pro- clamation, and whether there is or is not any concurrent jurisdiction in any Court in the Territory over that crime.

5. Whenever the requisition for the surrender of a fugitive criminal is made to the Governor of North Borneo by the Governor of Hongkong the Governor of North Borneo may, by order under his hand and seal, signify to a Magistrate 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

appre- hension 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 Proclamation.

7. A Magistrate may also issue his warrant for the apprehension of a fugitive issue warrant as in criminal on such information or complaint as would, in his opinion, justify the issue of

warrant if the alleged extradition crime had been committed in the Territory.

ordinary cases,

Hearing of the case

and evidence of erine being political.

Evidence in case of person accused.

Evidence in case of

a person convicted.

Proof of identity.

Authentication of documents.

Documents to be read to the fugitive. who must be asked to show cause.

a

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 circum- stances of the case, he shall think reasonable, receives from the Governor an order sigui- fying that a requisition has been made for the surrender of such fugitive criminal.

8. When a fugitive criminal is brought before a Magistrate, 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 Territory.

Provided always that-

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

(ii) In the case of a person convicted in Hongkong 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 Hongkong unlawfully at large, justify such Magistrate in committing such person to Gaol to await the further order of the Governor without re-opening 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 competent 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 depositions purport to be certified under 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 seal of the Governor of Hongkong to be a true copy of the original conviction. The signature of every such Judge or Magistrate and his anthority to take cognizance 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 Hongkong, and all Courts of Justice in this Colony shall, for the purpose of this Proclamation, take judicial notice of such seal, and shall admit the docu- ments so authenticate by it to be received in evidence without further proof.

(v) The warrant of arrest and the copy of the depositions, 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.