THE HONGKONG GOVERNMENT GAZETTE, 6TH JULY, 1889.
9. 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 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 crder signifying that a requisition has been made for the surrender of such fugitive criminal.
10. When a fugitive criminal is brought before a Magis- trace, he shall hear the ease 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.
The Magistrate shall receive any evidence which may be tendered to show that the crime of which the prisoner is accused, is an offence of a political character, or is not an extradition crime.
11. If at the hearing before a Magistrate such evidence is produced as would subject to the provisions of this Ordi- nance justify the committal of the fugitive criminal for trial at the Supreme Court if the crime of which he is accused had been committed in the Colony, the Magistrate shall commit him to Victoria Gaol to await the further order of the Governor 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 the depositious and other evidence in the case together with a report thereon and in particular in relation to
(a.) The lapse of time since the commission of the
extradition crime.
(b.) The length of residence in the Colony of and the
character of the fugitive criminal.
(c.) Any circumstances throwing suspicion on the
origin or nature of the charge made.
12. 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.
13. (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 may allow the Governor may, by warrant under his hand and seal, order the fugitive criminal to be surrendered to such person as the Governor considers to be authorized to receive him on behalf of the Chinese authorities and the fugitive criminal shall be surrendered accordingly: Provided always that whenever the Governor shall from the Magistrate's Report or otherwise have reason to suppose, that any fugitive criminal, who has been committed to the Victoria Gaol to await the further order of the Governor, has been resident in the Colony for one year or upwards, the depositions and evidence taken before the Magistrate on the investigation of the case shall together with the Magistrate's Report thereon be considered by the Governor in Council, who shall be assisted in such consideration by the Chief Justice of the Colony and the Governor in Council shall decide whether such fugitive criminal shall be surrendered or not.
(2.) 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 es- caped, 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.
Magistrate may also sue warran ordinery cas-3.
Hearing of the case and evidence of crime huing political.
Committal to prison.
Notice to Crown Solleitor before
discharge.
Warrant of surrender when to be signed
553
No comments yet.
Private notes are available after approval.