680956-1881-Legislative-Council-proceedings-28th-February--Macao-Extradition-Ordinance-1881-and-The-Census-Ordinance-1881- — Page 2

F

THE HONGKONG GOVERNMENT GAZETTE, 19TH MARCH, 1881.

II. In the interpretation of this Ordinance, the expres- sion "Governor of Macao" shall include the person for the time being administering the Government of Macao.

The expression "territory of Macao" shall extend to any place within the jurisdiction of the Government of Macao, and shall include the high seas.

The expression "Superintendent of the Gaol" shall mean the Superintendent of Victoria Gaol or the keeper of any prison or place of custody for criminals within this Colony.

III. In case requisition is at any time made by the Governor of Macao to the Governor of this Colony to deliver up to Justice any person who, being accused or convicted of any of the crimes and offences specified in the First Schedule of this Ordinance, and alleged to have been com- mitted either before or after the passing of this Ordinance within the territory of Macao, has taken refuge within this Colony, the Governor of this Colony may, if he in his discretion thinks fit, by Warrant under his hand and seal signify that such requisition has been made, and require the Police Magistrates to govern themselves accordingly and to aid in apprehending the person so accused or con- victed, and hereinafter referred to as the fugitive.

IV. Upon the issue of such Warrant any Police Magis- trate may issue his Warrant for the apprehension of the fugitive, and if he be already in custody, issue an order to the Superintendent of the Gaol forthwith to bring the fugitive before him to be dealt with in manner hereinafter provided.

V. If the fugitive be apprehended, or if he be already in custody, he shall be brought forthwith before the Mag- istrate, and the following conditions and regulations shall be complied with:

1. There must be the production before the Magistrate of a valid Warrant of Arrest issued by a Judge or other competent Magistrate having authority within the territory of Macao to take cognizance of the crime charged, and clearly setting forth such crime. 2. In the case of a person accused but not convicted, such evidence shall be produced to the Magistrate as would in his opinion justify the apprehension of the fugitive if the crime of which he is accused had been committed within the jurisdiction of this Col- ony, with this qualification,-that copies of deposi- tions signed or taken before any such Judge or other competent Magistrate as aforesaid and authenticated in manner hereinafter provided may be received in evidence of the criminality of the fugitive.

3. In the case of a person convicted, a

copy of the conviction, authenticated in manner hereinafter pro- vided, shall be produced: But if it should appear that the conviction was pronounced in the absence of the accused for contumacy in not having surrendered, to take his trial, the same evidence shall be produced to the Magistrate as in the case of a person accused but not convicted.

4. In every case proof of the identity of the fugitive must be given to the satisfaction of the Magistrate. 5. Warrants of Arrest and copies of depositions, signed or taken before any such Judge or other competent Magistrate, as aforesaid, and copies of convictions, shall be received in evidence, if the Warrant of Arrest purports to be signed by such Judge or Magistrate and if the copies of depositions purport to be certified under the hand of such Judge or Magistrate to be true copies of the original depositions, and if the copy of the conviction purport to be certified under the hand of the Judge of the Court by which the fugitive was convicted to be a true copy of the ori- ginal conviction. The signature of every such Judge or Magistrate and his authority to take cognizance of the crime or offence charged, shall be sufficiently proved if the document purport to be sealed with the official seal of the Governor of Macao, and all Courts of Justice in this Colony shall, for the purpose of this Ordinance, take judicial notice of such seal, and shall admit the documents so authenticated by it to be received in evidence without further proof.

Interpreta- tion.

Upon requisi- tion the Gov- ernor may issac Warrant to Police Magistrales,

Warrant or Order of Magistrate.

Proceedings before the Magistrute.

Production of Warrant of Arrest,

Evidence in case of person Accused.

Evidence in case of a per- son convicted.

Proof of identity.

Authentica- tion of docu- ments.

191