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THE HONGKONG GOVERNMENT GAZETTE, 5TH MARCH, 1881.
6. The original 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, 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 in Council.
VI. If the fugitive fails to show cause to the satisfaction of the Magistrate why he should not be committed, and if the Magistrate is of opinion that there is sufficient primâ facie evidence to establish the criminality of the fugitive, he shall commit him to Gaol, there to await the Order of the Governor in Council: Provided that before any such com- mittal, the Magistrate shall inform the fugitive that a period of fifteen days will be allowed him to appeal to the Supreme Court if he shall think fit, under Section 7, or to apply for a writ of Habeas Corpus.
VII. Ordinance 4 of 1858 as to appeals from the deci- sions of Magistrates shall not apply to proceedings under this Ordinance, but the following rules as to appeals shall be observed, that is to say :-
1. If the fugitive desires to appeal to the Supreme Court against a Magistrate's Order of committal and notifies such desire to the Magistrate at any time before the expiration of fifteen days from the date of such Order; or if the Attorney General desires to appeal to the Supreme Court against a Magistrate's Örder of discharge of a fugitive and notifies such de- sire to the Magistrate at any time before the actual discharge of the fugitive, the Magistrate shall, sub- ject to the provision in Rule 3 hereinafter contained, grant such appeal and transmit forthwith to the Registrar of the Supreme Court the depositions and all other documents relating to the case, together with any statement in writing which he may think fit to annex in relation thereto.
2. If the appeal is by the Attorney General against an Order of discharge, such Order shall be suspended until the conclusion of the appeal, and the fugitive shall be detained in custody until further Order of the Magistrate, or of the Supreme Court.
3. If the appeal is by a fugitive against an Order of committal and the Magistrate has reason to believe that the appeal is merely frivolous, he may refuse to grant the same.
4. In case the Magistrate refuses to grant an appeal to a fugitive on the ground that the same is frivolous, the Supreme Court may, if it thinks fit, upon the fugitive's petition in writing, setting forth the grounds of appeal, make an Order directing the Magistrate to grant the appeal.
5. The Magistrate shall cause notice of his intention to discharge a fugitive (otherwise than in pursuance of any decision of the Supreme Court), and also of any appeal by a fugitive against his committal, to be served upon the Crown Solicitor, and no fugitive.. shall be discharged by a Magistrate (otherwise than aforesaid), unless the Attorney General has had an opportunity of being heard in opposition thereto, and of giving notice of appeal.
6. Every appeal under this Ordinance may be heard in Vacation and either in Court or in Chambers, and shall be set down for hearing on such early day and at such hour as the Chief Justice appoints, notice whereof shall be given in writing by the Registrar to the Superintendent of the Gaol, who shall on the day and hour appointed bring the fugitive before the Chief Justice; and on the hearing of the appeal the Chief Justice may, if he thinks fit, receive any new evidence and may either affirm or reverse the decision of the Magistrate according as he is of opinion that there is, or is not, sufficient primâ facie evidence of the criminality of the fugitive or that the conditions and regulations of Section 5 have, or have not, been complied with, and may order the fugitive to be committed to gaol or to be discharged, as the case may be, or make any other Order with respect to the said matter as may be requisite to the due adjudica- tion thereof.
VIII. The Magistrate before whom a fugitive is brought under this Ordinance shall, at the conclusion of the case, send a Report thereon to the Governor.
Documents to be read to the fugitive, who must be asked to show cause.
Committal.
Proviso ns to appeal and writ of Habeas Corpus.
Appeals to Supreme Court.
Appeal from Order of committal.
Appeal from Order of discharge.!
Transmission of depositions, &c.
Fugitive to remain in custody.
Frivolous appeal by fugitive.
Petition for Order of appeal.
Notices to Crown Solicitor.
Proceedings
on appeal.
Magistrate's report to Governor.
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