1901_CHINESE_EXTRADITION_ORDINANCE__1889 — Page 3

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receipt of order.

Power to issue warrant

No. 7.] THE ORDINANCES OF HONGKONG: [A.D. 1889.

is already in custody, shall issue his order to all necessary persons to bring the fugitive criminal before him to be dealt with according to this Ordinance.

8. (1.) A Magistrate may also issue his warrant for the apprehension as in ordinary of a fugitive criminal on such information or complaint as would, in his opinion, justify the issue of a warrant if the crime had been committed in the Colony.

case.

Procedure on fugitive criminal being brought before Magistrate.

(2.) A fugitive criminal apprehended on a warrant so issued shall be discharged by the Magistrate, unless the Magistrate, within such time as, with reference to the circumstances of the case, he may think reasonable, receives from the Governor an order signifying that a requisition has been made for the surrender of such fugitive criminal.

9.—(1.) When a fugitive criminal is brought before a Magistrate, the Magistrate shall hear the case in the same manner and have the same jurisdiction and powers, as nearly as may be, as if the prisoner were brought before him charged with an indictable offence committed in the Colony: Provided always that----

(a.) in any case where the extradition crime alleged is murder, manslaughter, piracy, burglary, housebreaking, or robbery with violence; and the accused person has not resided in the Colony more than six months during the period of twelve months immediately prior to the date of his being so brought before the Magistrate, the Magistrate may receive in evidence copies of any such depositions relating to the charge as purport to have been taken in China in the presence of a British Consular Officer, and are accompanied by a certificate in English, purporting to be a certificate by such Officer, that such copies are true copies of the originals and that the original depositions have been respectively read over to the respective deponents, that they respectively appeared to understand the same, and that, to the best of such Officer's belief, no compulsion had been used in obtaining such depositions;

(b) translations in English of such depositions, if certified by such British Consular Officer to be correct translations, may accompany the certified copy of the depositions, and in such case such translations may be received in evidence in the same manner as the originals;

(c.) any copies of depositions received in evidence, or, if necessary, a translation thereof, shall be read over to the fugitive criminal, if he so desires, and he shall be asked if he has any valid cause to show why he should not be committed to gaol to await the order of the Governor;

(d.

(2.)

to show political

10. produce the committal of the crim Magistrate

of the

(2.) If he shall be rendered

committal

writ of Govern

a report

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12.—

Magistrate issued a discharging

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