1890_MACAO_EXTRADITION_ORDINANCE__1881 — Page 4

1572

Committal.

ORDINANCE No. 1 OF 1881.

Macao Extradition.

6. If the fugitive fails to show cause to the satisfaction of the Magistrate why he should not be committed, and if the Magistrate is of opinion that there is sufficient primâ facie evidence to establish the criminality of the fugitive, he shall commit him to gaol, there to await the order of the Governor in Council: Provided that before writ of habeas corpus 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.

Proviso as to appeal and habeas corpus.

Appeals to Supreme Court.

Appeal from order of committal.

Appeal from order of discharge.

Transmission of depositions, &c.

Fugitive to remain in custody pending appeal.

Frivolous appeal by fugitive.

Petition for order of appeal.

7. Ordinance 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 desires to appeal to the Supreme Court against a Magistrate's order of committal and notifies 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 desires to appeal to the Supreme Court against a Magistrate's order of discharge of a fugitive and notifies 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 is 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 is by a fugitive against an order of committal and the Magistrate has reason to believe that the appeal is merely frivolous, he may refuse to grant the same.

4. In case the Magistrate refuses to grant an appeal to a fugitive on the ground that the same is frivolous, the Supreme Court may, if it thinks fit, upon the fugitive's petition in writing, setting forth the grounds of appeal, make an order directing the Magistrate to grant the appeal.