705536-1870-GOVERNMENT-NOTIFICATION — Page 3

THE HONGKONG GOVERNMENT GAZETTE, 27TH AUGUST, 1870..

3. If the Appeal shall be against an Order of Committal and Frivolous

the Magistrate shall have Reason to believe that the Appeal by Appeal is merely frivolous, he may refuse to grant the Fugitive.

same.

4. In Case the Magistrate shall refuse to grant an Appeal to Pestion for

a Fugitive on the Ground that the same is frivolous, the Order of Supreme Court may, if it shall think fit, upon the Fugi- Appeal. tive's Petition in Writing, setting forth the Grounds of Appeal, make an Order directing the Magistrate to grant the Appeal.

Solicitor.

5. The Magistrate shall cause Notice of his Intention to Notices to

discharge a Fugitive, (otherwise than in Pursuance of Crown 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 shall have had an Oppor- tunity of being heard in Opposition thereto, and of giving Notice of Appeal.

6. Every Appeal under this Ordinance may be heard in Va- Proceedings

cation and either in Court or in Chambers and shall be on Appeal. set down for Argument on such early Day and at such Hour as the Chief Justice shall appoint, Notice whereof shail be given in Writing by the Registrar to the Su- perintendent 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 shall think fit, receive any new Evi- dence and may either affirin or reverse the Decision of the Magistrate according as he shall be of Opinion that there is or is not sufficient prima facie Evidence of the Criminality of the Fugitive or that the Conditions and Regulations of Section V have or have not been com- plied 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 shall be requisite to the due Adjudication thereof.

VIII. The Magistrate before whom a Fugitive shall be Magistrate's brought under this Ordinance shall, at the Conclusion of the Case, Report to send a Report thereon to the Governor.

Goveruor.

Warrant.

IX. It shall be lawful for the Governor if he shall in his Grant of Discretion think fit, after the Expiration of Fifteen Days from the Extradition Date of the Committal of a Fugitive by a Magistrate or, in Case of any Proceeding by Appeal or Writ of Habeas Corpus, then subject to the Decision of the Supreme Court thereon, and sub- ject also to the Provisions of Sections X and XI hereinafter con- tained, by Warrant under his Hand and Seal directed to the Sn- "Extradition perintendent of the Gaol and hereinafter called an Warrant" 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 Fugi- tive shall be delivered up accordingly; and it shall be lawful for Custody and the Person authorized as aforesaid to hold such Fugitive in Custody, Fugitive. and to convey him to any Place within the Territory of Macao, and

Surrender of

if such Fugitive shall escape out of any Custody to which he shall Provision as to

be committed or to which he shall be delivered as aforesaid, it shall Escape.

bo 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 always, that in every Case where before the Expiration of the said Period of Fifteen Days, the Order of Com- mittal shall have been affirmed on Appeal or the Fugitive shall have applied for a Writ of Ibeas Corpus, and shall have failed on the Return thereof, to obtain his Discharge, it shall be lawful for the Governor, in such Discretion and Subject as aforesaid, to grant an Extradition Warrant without further Delay.

X. No Extradition Warrant shall be granted by the Goy- Political ernor in any Case where in his Opinion the Requisition for the Offences, 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 Attempt against the Life of the Governer or of any Public Officer or Member of the Government of Macuo shall not be deemed a political Offence.

Sentence in

XI. No Extradition Warrant shall be granted by the Gov- Where ernor in respect of any Fugitive who shall be undergoing any Fugitive is Sentence of Imprisonment pronounced by any of the Courts of this undergoing Colony or shall be charged with any Crime or Offence cognizable this Colony. by the said Courts until the Expiration of such Sentence or of any Sentence which may be pronounced upon his Trial for such Crimi or Offence or until his Acquittal or the Abandonment of such Charge.

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