1890_HONGKONG_AND_MACAO_EXTRADITION_ORDINANCE — Page 3

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Proof of Identity.

Authentication of documents.

Documents to be read to the fugitive who must be asked to show cause.

Committal.

Proviso as to appeal and writ of Habeas Corpus.

Appeals to Supreme Court.

Appeal from order of committal.

Appeal from order of discharge.

ORDINANCE No. 13 OF 1870.

Hongkong and Macao Extradition.

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 purports 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 original 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 purports 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.

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.

6. If the fugitive shall fail to show cause to the satisfaction of the Magistrate why he should not be committed, and if the Magistrate shall be of opinion that there is sufficient prima facie evidence to establish the criminality of the fugitive, he shall commit him to gaol there to await the order of the Governor: Provided always, and it is hereby expressly enacted that before any such committal, 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.

7. Ordinance No. 4 of 1858, as to appeals from the decisions 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 shall desire to appeal to the Supreme Court against a Magistrate's order of committal and shall notify 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 shall desire to appeal to the Supreme Court against a Magistrate's order of discharge of a fugitive and