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THE HONGKONG GOVERNMENT GAZETTE, 28TH AUGUST, 1886.
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e for the Home Department, who shall then, by order under his hand and seal, signify to some lice Magistrate in London that such requisition has been made, and require him, if there be due Bee, to issue his warrant for the apprehension of the fugitive.
"On the receipt of such order from the Secretary of State, and on the production of such evidence I would, in the opinion of the Magistrate, justify the issue of the warrant if the crime had been mmitted in the United Kingdom, he shall issue his warrant accordingly.
*"When the fugitive shall have been apprehended in virtue of such warrant, he shall be brought before e Police Magistrate who issued it, or some other Police Magistrate in London. If the evidence to › then produced shall be such as to justify, according to the Law of England, the committal for trial the prisoner if the crime of which he is accused had been committed in England, the Police Magis- te shall commit him to prison to await the warrant of the Secretary of State for his surrender; nding immediately to the Secretary of State a certificate of the committal and a report upon the case. "After the expiration of a period from the committal of the prisoner, which shall never be less en fifteen days, the Secretary of State shall, by order under his hand and seal, order the fugitive crimi- to be surrendered to such person as may be duly authorized to receive him on the part of the overnment of Ecuador.
"2. In the case of a person convicted:-
"The course of proceeding shall be the same as in the case of a person accused, except that the arrant to be transmitted by the recognized Diplomatic Representative, in support of his requisition, hall clearly set forth the crime of which the person claimed has been convicted, and state the fact, lace, and date of his conviction. The evidence to be produced before the Police Magistrate shall be uch as would, according to the law of England, prove that the prisoner was convicted of the crime harged.
"After the Police Magistrate shall have committed the accused or convicted person to prison to wait the order of a Secretary of State for his surrender, such person shall have the right to apply for
writ of habeas corpus.
If he should so apply, his surrender must be deferred until after the decision f the Court upon the return to the writ, and even then can only take place if the decision is adverse o the applicant. In the latter case the Court may at once order his delivery to the person authorized o receive him, without the order of a Secretary of State for his surrender, or commit him to prison to wait such order. A like proceeding shall be observed towards criminals in prison in Ecuador.
"ARTICLE III.
"In the Republic of Ecuador the manner of proceeding shall be as follows:- "1. In the case of a person accused:
"The requisition for the surrender shall be made to the Minister for Foreign Affairs of Ecuador by the Minister or other Diplomatic Agent of Her Britannic Majesty, accompanied by a warrant for he arrest of the accused, issued by a Judge or Magistrate duly authorized to take cognizance of the icts charged against him in Great Britain, together with duly authenticated depositions or statements aken on oath before such Judge or Magistrate, clearly setting forth the said acts, and a description of he person claimed, and any other particulars which may serve to identify him.
"The said documents shall be transmitted to the Minister Secretary of State for the Interior Department, who shall then, by order under his hand and seal, signify to some Police, Magistrate that ich requisition has been made, and require him, if there be due cause, to issue his warrant for the pprehension of the fugitive.
"On the receipt of such order from the Minister Secretary of State, and on the production of such vidence as would justify the issue of the warrant, if the crime had been committed in Ecuador, he hall issue his warrant accordingly.
"When the fugitive shall have been apprehended in virtue of such warrant he shall be brought efore the Police Magistrate who issued it, or some other authority of the same class. If the evidence o be then produced shall be such as to justify, according to the law of Ecuador, the committal for rial of the prisoner if the crime of which he is accused had been committed in Ecuador, the Police Magistrate shall commit him to prison to await the warrant of the Secretary of State for his surrender, ending immediately to the Secretary of State a certificate of the committal and a report upon the case.
“After the expiration of a period from the committal of the prisoner, which shall never be less han fifteen days, the Secretary of State shall, by order under his hand and seal, order the fugitive riminal to be surrendered to such person as may be duly authorized to receive him on the part of the
overnment of Her Majesty.
"2. In the case of a person convicted:-
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