ORDINANCE No. 13 of 1870.
Hongkong and Macao Extradition.
shall notify such desire to the Magistrate at any time before the actual discharge of the fugitive, the Magistrate shall, subject to the provision in rule 3 hereinafter contained, grant such appeal and transmit forthwith to the Registrar of the Supreme Court, the depositions and all other documents relating to the case together with any statement in writing which he may think fit to annex in relation thereto.
2. If the appeal shall be by the Attorney General against an order of discharge, such order shall be suspended until the conclusion of the appeal, and the fugitive shall be detained in custody until further order of the Magistrate, or of the Supreme Court.
3. If the appeal shall be by a fugitive against an order of committal and the Magistrate shall have reason to believe that the appeal is merely frivolous, he may refuse to grant the same.
4. In case the Magistrate shall refuse to grant an appeal to a fugitive on the ground that the same is frivolous, the Supreme Court may, if it shall think fit, upon the fugitive's petition in writing, setting forth the grounds of appeal, make an order directing the Magistrate to grant the appeal.
5. The Magistrate shall cause notice of his intention to discharge a fugitive, (otherwise than in pursuance of 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 opportunity of being heard in opposition thereto, and of giving notice of appeal.
6. Every appeal under this Ordinance may be heard in vacation and either in Court or in chambers and shall be set down for hearing on such early day and at such hour as the Chief Justice shall appoint, notice whereof shall be given in writing by the Registrar to the Superintendent 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 evidence and may either affirm 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 5 have, or have not, been complied 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.
8. The Magistrate before whom a fugitive shall be brought under this Ordinance shall at the conclusion of the case, send a report thereon to the Governor.
1069
Transmission of depositions, &c.
Fugitive to remain in custody.
Frivolous appeal by fugitive.
Petition for order of appeal.
Notices to Crown Solicitor.
Proceedings on appeal.
Magistrate's report to Governor
ORDINANCE No. 13 of 1870.
Hongkong and Macao Extradition.
shall notify such desire to the Magistrate at any time before the actual discharge of the fugitive, the Magistrate shall, subject to the provision in rule 3 hereinafter contained, grant such appeal and transmit forthwith to the Registrar of the Supreme Court, the depositions and all other documents relating to the case together with any statement in writing which he may think fit to annex in relation thereto.
2. If the appeal shall be by the Attorney General against an order of discharge, such order shall be suspended until the conclusion of the appeal, and the fugitive shall be detained in custody until further order of the Magistrate, or of the Supreme Court.
3. If the appeal shall be by a fugitive against an order of committal and the Magistrate shall have reason to believe that the appeal is merely frivolous, he may refuse to grant the same.
4. In case the Magistrate shall refuse to grant an appeal to a fugitive on the ground that the same is frivolous, the Supreme Court may, if it shall think
fit, upon the fugitive's petition in writing, setting forth the grounds of
appeal, make an order directing the Magistrate to grant the appeal.
5. The Magistrate shall cause notice of his intention to discharge a fugitive, (otherwise than in pursuance of 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 opportunity of being heard in opposition thereto, and of giving notice of appeal.
6. Every appeal under this Ordinance may be heard in vacation and either in Court or in chambers and shall be set down for hearing on such early day and at such hour as the Chief Justice shall appoint, notice whereof shall be given in writing by the Registrar to the Superintendent 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 evidence and may either affirm 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 5 have, or have not, been complied ith, 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.
8. The Magistrate before whom a fugitive shall be brought under this Ordinance shall at the conclusion of the case, send a report thereon to the Governor.
1069
Transmission of depositions, &c.
Fugitive to remain in custody.
Frivolous appeal
by fugitive.
Petition for -order of appeal,
Notices to Crown Solicitor.
Proceedings on
appeal.
Magistrate's report to Governor
No comments yet.
Private notes are available after approval.