1070
Grant of extradition warrant.
Custody and surrender of fugitive.
Provision as to escape.
Political offences.
Where fugitive is undergoing sentence in this Colony.
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 Crown Solicitor.
ORDINANCE No. 13 of 1870.
Hongkong and Macao Extradition.
9. It shall be lawful for the Governor if he shall in his discretion think fit, after the expiration of fifteen days from the 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 subject also to the provisions of sections 10 and 11 hereinafter contained, by warrant under his hand and seal directed to the Superintendent of the Gaol and hereinafter called an "Extradition 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 fugitive shall be delivered up accordingly; and it shall be lawful for the person authorized as aforesaid to hold such fugitive in custody, and to convey him to any place within the territory of Macao, and if such fugitive shall escape out of any custody to which he shall be committed or to which he shall be delivered as aforesaid, it shall be 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 every case where before the expiration of the said period of fifteen days, the order of committal shall have been affirmed on appeal or the fugitive shall have applied for a writ of Habeas 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.
10. No extradition warrant shall be granted by the Governor in any case where in his opinion the requisition for the 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 Governor or of any public officer or member of the Government of Macao shall not be deemed a political offence.
11. No extradition warrant shall be granted by the Governor in respect of any fugitive who shall be undergoing any sentence of imprisonment pronounced by any of the Courts of this Colony or shall be charged with any crime or offence cognizable by the said Courts until the expiration of such sentence or of any sentence which may be pronounced upon his trial for such crime or offence or until his acquittal or the abandonment of such charge.
12. 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.
13. 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 at any time upon application made to him by or on behalf of the fugitive, and upon its being proved to his satisfaction that reasonable notice of the intention to make such application has been given to the Crown Solicitor, to order the fugitive so committed to
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1070
Grant of extradition warrant.
Custody and surrender of fugitive.
Provision as to escape.
Political offences.
Where fugitive is undergoing sentence in this Colony.
The Governor may issue order of release.
Fugitive may apply to the Supreme Court for his discharge If not delivered np within a certain time.
Notice to be given to the Crown Solicitor.
ORDINANCE No. 13 of 1870.
Hongkong and Macao Extradition.
9. It shall be lawful for.the Governor if he shall in his discretion think fit, after the expiration of fifteen days from the 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 subject also to the provisions of sections 10 and 11 hereinafter contained, by warrant under his hand and seal directed to the Superintendent of the Gaol and hereinafter called an "Extradition 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 fugitive shall be delivered up accordingly; and it shall be lawful for the person author- ized as aforesaid to hold such fugitive in custody, and to convey him to any place. within the territory of Macao, and if such fugitive shall escape out of any custody to which he shall be committed or to which he shall be delivered as aforesaid, it shall be lawful to retake him in the same manner as any person accused of any felony com- mitted within this Colony may be retaken upon an escape: Provided always, that every case where before the expiration of the said period of fifteen days, the order of committal shall have been affirmed on appeal or the fugitive shall have applied for a writ of Habeas Corpus, and shall have failed on the return thereof, to obtain his dis charge, it shall be lawful for the Governor, in such discretion and subject as aforesaid, to grant an extradition warrant without further delay.
10. No extradition warrant shall be granted by the Governor in any case where in his opinion the requisition for the 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 Governor or of any public officer or member of the Government of Macao shall not be deemed a political offence.
11. No extradition warrant shall be granted by the Governor in respect of any fugitive who shall be undergoing any sentence of imprisonment pronounced by any of the Courts of this Colony or shall be charged with any crime or offence cognizable by the said Courts until the expiration of such sentence or of any sentence which may be pronounced upon his trial for such crime or offence or until his acquittal or the abandonment of such charge.
12. 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.
13. 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 at any time upon application made to him by or on behalf of the fugitive, and upon its. being proved to his satisfaction that reasonable notice of the intention to make such application has been given to the Crown Solicitor, to order the fugitive so committed to
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