1901_CHINESE_EXTRADITION_ORDINANCE__1889 — Page 4

). 1889.

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A.D. 1889.]

CHINESE EXTRADITION.

[No. 7.

661

(d.) the burden of proof that a fugitive criminal has resided in this Colony more than six months, during the period mentioned in clause (a.) of this proviso, shall lie on such fugitive criminal; and

(e.) in every case proof of the identity of the fugitive criminal must

be given, to the satisfaction of the Magistrate.

(2.) The Magistrate shall receive any evidence which may be tendered to show that the crime of which the prisoner is accused is an offence of a political character or is not an extradition crime.

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10.--(1.) If, at the hearing before a Magistrate, such evidence is Committal to produced as would,/subject to the provisions of this Ordinance, justify discharge. the committal of the fugitive criminal for trial at the Supreme Court if the crime of which he is accused had been committed in the Colony, the Magistrate shall commit him to Victoria Gaol to await the further order of the Governor, but otherwise shall order him to be discharged.

(2.) If the Magistrate commits the fugitive criminal to Victoria Gaol, he shall thereupon inform the fugitive criminal that he will not be sur- rendered until after the expiration of fifteen days from the date of such committal and that he has a right to apply to the Supreme Court for a writ of Habeas Corpus, and the Magistrate shall forthwith send to the Governor the depositions and other evidence in the case, together with a report thereon and in particular in relation to---

(a.) the lapse of time since the commission of the extradition crime; (7.) the length of residence in the Colony and the character of the

fugitive criminal; and

(c) any circumstances throwing suspicion on the origin or nature

of the charge made.

11. Before ordering a fugitive criminal to be discharged, the Magis- Notice to trate shall cause notice of his intention to make such order to be served on the Crown Solicitor.

Crown Solici- tor before discharge.

surrender,

ctc.

12.-(1.) On the expiration of fifteen days from the date of the Warrant for Magistrate's order of committal, or, if a writ of Habeas Corpus has been issued and if, on the return to the writ, the Supreme Court has not discharged the fugitive criminal, immediately after the decision of the Court, or after such further period in either case as the Governor may allow, the Governor may, by warrant under his hand and seal, order the fugitive criminal to be surrendered to such person as the Governor con- siders to be authorized to receive him on behalf of the Chinese authori- ties, and the fugitive criminal shall be surrendered accordingly: Provid- ed always that whenever the Governor, from the Magistrate's report or otherwise, has reason to suppose that any fugitive criminal who has been committed to Victoria Gaol to await the further order of the Governor