705536-1870-GOVERNMENT-NOTIFICATION — Page 4

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THE HONGKONG GOVERNMENT GAZETTE, 27TH AUGUST, 1870.

The Governor- may issue Order of Release.

Fugitive may apply to the Supreme Court

for his Discharge if

not delivered

up within a

certain Time.

Notice to be given to the Attorney General.

Power to add

Offences.

XII, The Governor 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 he shall not think fit to issue an Extradition Warrant, and thereupon such Fugitive shall be forthwith discharged from such Custody.

XIII. Where any Fugitive who shall have been committed under this Ordinance, shall not be delivered up pursuant thereto, and conveyed out of this Colony within One Month after the Date of such Committal, it shall be lawful for the Chief Justice of this Colony upon Application made to him by or on Behalf of the Fugitive, and upon its being proved to his Satisfaction that rea- sonable Notice of the Intention to make such Application has been given to the Attorney General, to order the Fugitive so committed to be discharged out of Custody, unless sufficient Cause shall be shown to him why such Discharge ought not to be ordered. Provided always that in every Case where such Fugitive shall have appealed to the Supreme Court or shall have 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 XI 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. It shall be lawful for the Governor from Time to Time to the Schedule by Proclamation in the Gazette to declare that any Crime or of Crimes and Offence specified in such Proclamation, and not included in the First Schedule bereto shall form Part thereof, and from and after the Date of the Publication of such Proclamation, 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.

Power to

expunge any Offence from

Crime or

Schedule.

Expenses of Extradition.

Protection to Magistrate, Gaoler, &c. acting under Warrant.

This Ordinance

mation of

reciprocal Laws of Macao.

XV. It shall be lawful for the Governor at any Time by Proclamation in the Gazette to declare that any Crime or Offence specified in the First Schedule hereto or which may hereafter be added to the said Schedule as hereinbefore provided, shall no longer form Part thereof, and from and after the Date of the Publication of such Proclamation, such Crime or Offence shall cease to come within the Operation of this Ordinance.

XVI. All Expenses, incident to the Apprehension, Detention, Maintenance, and Delivery of a Fugitive vnder this Ordinance, shall be borne by this Colony.

XVII. If any Action be brought against a Magistrate, Gaoler, Officer of Police, or any other Person for anything done in Obedience to any Warrant or Order issued under the Provisions of this Ordi- nance, the Proof of such Warrant or Order shall be a sufficient Answer to such Action, and the Defendant or Defendants on such Proof as aforesaid shall be entitled to a Verdict or Judgment in his or their Favor, and shall also be entitled to his or their full Costs of Suit.

XVIII. This Ordinance shall commence and take Effect when to cominence and so soon as the Governor shall, by Proclamation in the Gazette, from Procla- declare that sufficient reciprocal Provision has been made by the Government of Macao for the Apprehension and Purrender to the Government of Hongkong of Offenders escaping to any Place within the Territory of Macao who may be charged with having committed within this Colony, any of the Crimes or Offences in respect of which a Fugitive may be surrendered under this Ordinance.

Provision for

Trial.

XIX. No Fugitive who may be surrendered by the Govern- Restoration of ment of Macao to the Government of Hongkong in pursuance of Fugitive after such Reciprocal Provision as aforesaid shall be put upon his Trial or detained within this Colony for any Crime other than the particular Crime for which he may have been surrendered, without having been previously restored or having had an Opportunity of returning to the Colony of Macao.

Forms in

Second Sche- dule may be

used.

XX. The Forms given in the Second Schedule to this Ordi- nance or Forms to the like Effect, with such Variations and Ad- "ditions as Circumstances require, may be used for the Purposes therein indicated and Instruments in those Forms shall (as regards the Form thereof) be valid and sufficient.

Proviso as to

XXI. In Case the Governor in Council shall deem it ex- Repeal or pedient that this Ordinance or any Part thereof should be repealed Suspension of

or the Operation thereof suspended for any Period, or in Case the Ordinance, or

Governor of Macao shall notify to the Governor of this Colony his of any part thereof, Desire to repeal or suspend for any Period such reciprocal Provision as aforesaid, or any Part thereof, it shall be lawful for the Governor of this Colony by Proclamation in the Gazette to declare that this Ordinance or any Part thereof shall be suspended in its Operation for any Period, or that the same is repealed, and from the Date of the Publication of such Proclamation in the Gazette, the said Ordinance or such Part thereof as may be specified in the Proclamation shall be deemed to be suspended or repealed accordingly.