680863-1881-Macao-Extradition-Ordinance-Census-Ordinance-1881-read-a-first-time- — Page 4

152

THE HONGKONG GOVERNMENT GAZETTE, 5TH MARCH, 1881.

Grant of Extradition Warrant

Custody and surrender of fugitive.

Provision as to Repo

Political offences.

Where fugitive is undergoing sentenco in thie Colony.

The Governor nay issue Order of releuse.

Fugitive may apply to the Supreme

Court for his discharge it not delivered up within a

ertain time.

Notter to he given to the Crown

Solicitor.

Power to add to the Schedule of crimes and offences,

44

IX. It shall be lawful for the Governor in Council, if in the discretion of the Governor in Council it seems fit, after the expiration of fifteen days from the date of the committal of a fugitive by a Magistrate or, in case of any procceding by appeal or writ of Habeas Corpus, then subject to the decision of the Supreme Court thereon, and subject also to the provisions of Sections 10 and 11 hereinafter contained, by Order directed to the Superintendent of the Gaol and hereinafter called an Extradition Order" to order the fugitive so committed to be delivered to such person as shall by Warrant under the hand and seal of the Governor of Macao be authorized to receive him, and such fugitive shall be delivered up accordingly; and the person authorized as aforesaid may hold such fugitive in eustody, and convey him to any place within the territory of Macao, and if such fugitive escapes out of any custody to which he is com- mitted or to which he is delivered as aforesaid, it shall be lawful to retake him in the same manner as any person accused of any felony committed within this Colony may be retaken upon an escape: Provided that in every case where before the expiration of the said period of fifteen days the order of committal has been affirmed on appeal or the fugitive has applied for a writ of Habeas Corpus, and has failed on the return thereof to obtain his discharge, it shall be lawful for the Governor,in Council in such discre- tion and subject as aforesaid, to grant an Extradition Order without further delay.

X. No Extradition Order shall be granted by the Gov- ernor in Council in any case where in the opinion of the Governor in Council the requisition for the extradition of the fugitive has been made for political reasons or a political offence is involved in the crime charged; but it shall not be open to the fugitive to claim his discharge from custody on such ground before any Judge or Magistrate, and any at- tempt against the life of the Governor or of any Public Officer or member of the Government of Macao shall not be deemed a political offence.

XI. No Extradition Order shall be granted by the Gov- ernor in Council in respect of any fugitive who is under- going any sentence of imprisonment pronounced by any of the Courts of this Colony, or who is charged with any crime or offence cognizable by the said Courts, until the expiration of such sentence or of any sentence which may be pro- nounced upon his Trial for such crime or offence, or until his acquittal or the abandonment of such charge.

XII. The Governor in Council may at any time issue an Order directed to the Superintendent of the Gaol for the release of any fugitive in custody under this Ordinance in respect of whom the Governor in Council does not think fit to issue an Extradition Warrant, and thereupon such fugi- tive shall be forthwith discharged from such custody.

XIII. Where any fugitive who has been committed under this Ordinance is not delivered up pursuant thereto, and conveyed out of this Colony within one month after the date of such committal, the Chief Justice may at any time, upon application made to him by or on behalf of the fugitive, and upon its being proved to his satisfaction that reason- able notice of the intention to make such application has been given to the Crown Solicitor, order the fugitive so committed to be discharged out of custody, unless sufficient cause is shown to him why such discharge ought not to be ordered: Provided that in every case where such fugitive has appealed to the Supreme Court or has applied for a writ of Habeas Corpus the said period of one month shall be computed from the date of the decision of the Supreme Court upon such proceeding, and in every case within Section II the said period shall be computed from the date of the expiration of the fugitive's sentence or of his acquittal or of the abandonment of the charge as therein mentioned.

XIV. The Governor in Council may, from time to time, by Order to be published in the Gazette, declare that any crime or offence specified in such Order, and not included in the First Schedule hereto, shall form part thereof, and from and after the date of the publication of such Order, the several crimes and offences specified therein shall come within the operation of this Ordinance as if the same had been originally included in the said Schedule.