ORDINANCE No. 1 of 1881.
Macao Extradition.
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 has 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 appoints, 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 thinks fit, receive any new evidence and may either affirm or reverse the decision of the Magistrate according as he is 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 may be requisite to the due adjudication thereof.
*
Crown
1573
Notices to Solicitor.
Proceedings on appeal.
report to
8. The Magistrate before whom a fugitive is brought under this Ordinance shall, at the conclusion of the case, send a report thereon to the Governor.
9. It shall be lawful for the Governor in Council, if in the discretion of the Governor in Council it seems 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 order directed to the Superintendent of the Gaol and hereinafter called an "Extradition Order" to order the fugitive so committed to be delivered to such person as shall
Governor.
Grant of extradition warrant.
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ORDINANCE No. 1 or 1881.
Macao Extradition.
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 has 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 appoints, 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 thinks fit, receive any new evidence and may either affirm or reverse the decision of the Magistrate according as he is 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 dis- charged, as the case may be, or make any other order with respect to the said matter as may be requisite to the due adjudication thereof.
*
Crown
1573
Notices to Solicitor.
Proceedings on appeal.
report to
8. The Magistrate before whom a fugitive is brought under this Magistrate's Ordinance shall, at the conclusion of the case, send a report thereon to the Governor.
9. It shall be lawful for the Governor in Council, if in the discretion of the Governor in Council it seems 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 order directed to the Superintendent of the Gaol and hereinafter called an "Extradition Order" to order the fugitive so committed to be delivered to such person as shall
Governor.
Grant of
tradition. warrant.
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