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THE HONGKONG GOVERNMENT GAZETTE, 6TH JULY, 1889.
Discharge of
fugitive criminal.
Tischarge if
not surrea- dered within two months or on un lotion after rision
upon Huleus
Corpus to
a judze
upon artico
to the Crown.
Aid and
bertera in extradition crimes.
Protection of Magistrato and others acting under warrant.
Forms.
Eing ii.
14. 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 order under his hand and seal discharge a fugitive. criminal from custody.
15. 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, any Judge of the Supreme Court may upon application made to him by or on behalf of the fugitive criminal and upon proof that. reasonable notice of the intention to make such application has been given to the Crown Solicitor, order the fugitive criminal to be discharged out of custody unless sufficient. cause is shewn to the contrary.
16. Every person who is accused 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 convicted of having committed such crime and shall be liable to be apprehended and surrendered accordingly.
17. If any suit or action be brought against a Magis- trate, Superintendent of the Victoria Gaol, Gaoler Police Officer, Constable or any other person for anything done under or in obedience to any warrant or order issued under the provisions of this. Ordinance, the proof of such war-. rant or order shall be a sufficient answer to such suit or action, and the defendant on such proof as aforesaid shall be entitled to a verdict or judgment accordingly and shall also be entitled to all costs of suit.
18. The forms in the second schedule hereto or forms to the like effect with such variations and additions as circum- stances require may be used for the purposes therein indi- cated and according to the directions therein contained and instruments in these forms shall (as regards the form thereof) be valid and sufficient.
19. This Ordinance shall not come into operation unless and until the Officer Administering the Government notifies by Proclamation that it is Her Majesty's pleasure not to disallow the same; and thereafter it shall come into opera- tion on such day as the Officer Administering the Govern- ment shall notify by the same or any other proclamation.
Passed the Legislative Council of Hongkong, this 25th day of June, 1889.
ARATHOON SETH, Clerk of Councils.
Assented to by His Excellency the Governor, the 3rd day of July, 1889.
FREDERICK Stewart, Colonial Secretary.
FIRST SCHEDULE.
EXTRADITION CRIMES.
Murder and attempt to murder,
Manslaughter.
Malicious wounding.
Counterfeiting or altering money, uttering or bringing into circulation counterfeit or altered money.
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