1890_MACAO_EXTRADITION_ORDINANCE__1881 — Page 6

HK Historical Laws 香港歷史法例 All AI Reviewed

1574

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

ORDINANCE No. 1 of 1881.

Macao Extradition.

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 the person authorized as aforesaid may hold such fugitive in custody, and convey him to any place within the territory of Macao, and if such fugitive escapes out of any custody to which he is committed or to which he is 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 that in every case where before the expiration of the said period of fifteen days the order of committal has been affirmed on appeal or the fugitive has applied for a writ of habeas corpus, and has failed on the return thereof to obtain his discharge, it shall be lawful for the Governor in Council in such discretion and subject as aforesaid, to grant an extradition order without further delay.

10. No extradition order shall be granted by the Governor in Council in any case where in the opinion of the Governor in Council 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 order shall be granted by the Governor in Council in respect of any fugitive who is undergoing any sentence of imprisonment pronounced by any of the Courts of this Colony, or who is charged with any crime or offence cognizable by the said Courts, until the expiration or previous determination 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 in Council 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 the Governor in Council does not think fit to issue an extradition warrant, and thereupon such fugitive shall be forthwith discharged from such custody.

13. Where any fugitive who has been committed under this Ordinance is not delivered up pursuant thereto, and conveyed out of this Colony within one month after the date of such committal, the Chief Justice may

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1574 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 ORDINANCE No. 1 of 1881. Macao Extradition. 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 the person authorized as aforesaid may hold such fugitive in custody, and convey him to any place within the territory of Macao, and if such fugitive escapes out of any custody to which he is committed or to which he is 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 that in every case where before the expiration of the said period of fifteen days the order of committal has been affirmed on appeal or the fugitive has applied for a writ of habeas corpus, and has failed on the return thereof to obtain his discharge, it shall be lawful for the Governor in Council in such discretion and subject as aforesaid, to grant an extradition order without further delay. 10. No extradition order shall be granted by the Governor in Council in any case where in the opinion of the Governor in Council 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 order shall be granted by the Governor in Council in respect of any fugitive who is undergoing any sentence of imprisonment pronounced by any of the Courts of this Colony, or who is charged with any crime or offence cognizable by the said Courts, until the expiration or previous determination 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 in Council 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 the Governor in Council does not think fit to issue an extradition warrant, and thereupon such fugitive shall be forthwith discharged from such custody. 13. Where any fugitive who has been committed under this Ordinance is not delivered up pursuant thereto, and conveyed out of this Colony within one month after the date of such committal, the Chief Justice may
Baseline (Original)
1574 Custody and surrender of fugitive. Provision as to escape. Political -offences. Where fugi- tive is under- going senten- ce in this Colony. The Governor may issue order of release. Fugitive may apply to the Supreme Court for his Lischarge if ORDINANCE No. 1 or 1881. Macao Extradition. 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 the person authorized as aforesaid may hold such fugitive in custody, and convey him to any place within the territory of Macao, and if such fugitive escapes out of any custody to which he is committed or to which he is 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 that in every case where before the expiration of the said period of fifteen days the order of committal has been affirmed on appeal or the fugitive has applied for a writ of habeas corpus, and has failed on the return thereof to obtain his discharge, it shall be lawful for the Governor in Council in such discretion and subject as aforesaid, to grant an extradition order without further delay. 10. No extradition order shall be granted by the Governor in Council in any case where in the opinion of the Governor in Council the requisi- tion 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 order shall be granted by the Governor in Council in respect of any fugitive who is undergoing any sentence of imprison- ment pronounced by any of the Courts of this Colony, or who is charged with any crime or offence cognizable by the said Courts, until the expira- tion or previous determination 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 in Council 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 the Governor in Council does not think fit to issue an extradition warrant, and thereupon such fugitive shall be forthwith discharged from such custody. 13. Where any fugitive who has been committed under this Ordi- nance is not delivered up pursuant thereto, and conveyed out of this Colony within one month after the date of such committal, the Chief Justice may
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1574

Custody and surrender of fugitive.

Provision as

to escape.

Political -offences.

Where fugi-

tive is under- going senten- ce in this Colony.

The Governor may issue

order of release.

Fugitive may apply to the Supreme

Court for his

Lischarge if

ORDINANCE No. 1 or 1881.

Macao Extradition.

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 the person authorized as aforesaid may hold such fugitive in custody, and convey him to any place within the territory of Macao, and if such fugitive escapes out of any custody to which he is committed or to which he is 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 that in every case where before the expiration of the said period of fifteen days the order of committal has been affirmed on appeal or the fugitive has applied for a writ of habeas corpus, and has failed on the return thereof to obtain his discharge, it shall be lawful for the Governor in Council in such discretion and subject as aforesaid, to grant an extradition order without further delay.

10. No extradition order shall be granted by the Governor in Council in any case where in the opinion of the Governor in Council the requisi- tion 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 order shall be granted by the Governor in Council in respect of any fugitive who is undergoing any sentence of imprison- ment pronounced by any of the Courts of this Colony, or who is charged with any crime or offence cognizable by the said Courts, until the expira- tion or previous determination 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 in Council 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 the Governor in Council does not think fit to issue an extradition warrant, and thereupon such fugitive shall be forthwith discharged from such custody.

13. Where any fugitive who has been committed under this Ordi- nance is not delivered up pursuant thereto, and conveyed out of this Colony within one month after the date of such committal, the Chief Justice may

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