662
Power to Governor to order discharge.
Discharge if not surrendered within two months or on application to Judge.
Aiders and abettors in extradition crime.
Protection of Magistrate and others acting under warrant or order.
Use of
No. 7.]
has been resident in the Colony for one year or upwards, the depositions and evidence taken before the Magistrate on the investigation of the case shall, together with the Magistrate's report thereon, be considered by the Governor-in-Council, who shall be assisted in such consideration by the Chief Justice, and the Governor-in-Council shall decide whether such fugitive criminal shall be surrendered or not.
THE ORDINANCES OF HONGKONG: [A.D. 1889.
(2.) If the fugitive criminal while in the Colony escapes out of any custody into which he has been delivered in pursuance of a Magistrate's warrant as aforesaid, it shall be lawful for any Police officer or constable to take him without warrant and to restore him to the custody from which he has escaped, and for the person from whose custody the fugitive criminal has escaped to retake him or receive him from such Police officer or constable and to hold him at all times as upon the original warrant.
13. Except where any proceedings are actually pending upon a writ of Habeas Corpus before the Supreme Court and in such case with the concurrence in writing of the Judge having cognizance thereof, the Governor may at any time, by order under his hand and seal, discharge a fugitive criminal from custody.
14. If a fugitive criminal who has been committed to prison under this Ordinance to await the order of the Governor is not surrendered and conveyed out of the Colony within two months after such committal, any Judge of the Supreme Court may, on application made to him by or on behalf of the fugitive criminal and on proof that reasonable notice of the intention to make such application has been given to the Crown Solicitor, order the fugitive criminal to be discharged out of custody, unless sufficient cause is shown to the contrary.
15. Every person who is accused or convicted of having counselled, procured, commanded, aided, or abetted the commission of any extradition crime or of being accessory before the fact to any extradition crime shall be deemed, for the purposes of this Ordinance, to be accused or convicted of having committed such crime, and shall be liable to be apprehended and surrendered accordingly.
16. If any action or suit is brought against a Magistrate, the Superintendent of Victoria Gaol, a gaoler, Police officer, constable, or any other person for anything done under or in obedience to any warrant or order issued under the provisions of this Ordinance, the proof of such warrant or order shall be a sufficient answer to such action or suit, and the defendant, on such proof as aforesaid, shall be entitled to a verdict or judgment accordingly and shall also be entitled to all costs of suit.
17. The forms in the Second Schedule to this Ordinance or forms to the like effect may be used according to the circumstances.
1. Murder
2. Manslaughter
3. Maliciously wounding or inflicting grievous bodily harm
4. Counterfeiting or altering money or counterfeit money
5. Forging or altering stamps or uttering counterfeit stamps
6. Embezzlement
7. Receiving stolen property
8. Obtaining property or credit by false pretences
9. Criminal bankruptcy or fraudulent conversion
10. Fraud by or against a corporation or member thereof at the time being a director or officer
11. Rape
12. Abduction
13. Child stealing
14. Kidnapping
15. Falsely impersonating another person
16. Burglary or housebreaking
17. Arson
18. Robbery with violence
19. Threats or extortion by menaces
20. Piracy
21. Sinking or destroying a vessel at sea
22. Assault on board a ship on the high seas or to do grievous bodily harm
Page 5
Page 6
662
Power to Governor to order discharge.
Discharge if not surren- dered within two months
or ou applica- tion to Judge.
Aiders and abettors in extradition crime.
Protection of Magistrate and others acting under warrant or order.
Use of
No. 7.]
has been resident in the Colony for one year or upwards, the depositions and evidence taken before the Magistrate on the investigation of the case shall, together with the Magistrate's report thereon, be considered by the Governor-in-Council, who shall be assisted in such consideration by the Chief Justice, and the Governor-in-Council shall decide whether such fugitive criminal shall be surrendered or not.
THE ORDINANCES OF HONGKONG: [A.D. 1889.
(2.) If the fugitive criminal while in the Colony escapes out of any custody into which he has been delivered in pursuance of a Magistrate's warrant as aforesaid, it shall be lawful for any Police officer or con- stable to take him without warrant and to restore him to the custody from which he has escaped, and for the person from whose custody the fugitive criminal has escaped to retake him or receive him from such Police officer or constable and to hold him at all times as upon the original warrant.
13. Except where any proceedings are actually pending upon a writ of Habeas Corpus before the Supreme Court and in such case with the concurrence in writing of the Judge having cognizance thereof, the Governor may at any time, by order under his haud and seal, discharge a fugitive criminal from custody.
14. If a fugitive criminal who has been committed to prison under this Ordinance to await the order of the Governor is not surrendered and
conveyed out of the Colony within two months after such committal, any Judge of the Supreme Court may, on application made to him by or on behalf of the fugitive criminal and on proof that reasonable notice of the intention to make such application has been given to the Crown Solicitor, order the fugitive criminal to be discharged out of custody, unless sufficient cause is shown to the contrary.
15. Every person who is accused or convicted of having counselled, procured, commanded, aided, or abetted the commission of any extradi- tion crime or of being accessory before the fact to any extradition crime shall be deemed, for the purposes of this Ordinance, to be accused or convicted of having committed such crime, and shall be liable to be ap- prehended and surrendered accordingly.
16. If any action or suit is brought against a Magistrate, the Super- intendent of Victoria Gaol, a gaoler, Police officer, constable, or any other person for anything done under or in obedience to any warrant or order issued under the provisions of this Ordinance, the proof of such warrant or order shall be a sufficient answer to such action or suit, and the defendant, on such proof as aforesaid, shall be entitled to a verdict. or judgment accordingly and shall also be entitled to all costs of suit.
17. The forms in the Second Schedule to this Ordinance or forms
A.D. 188
to the lik
may requ cording to forms sha
1. Mm
2. Mai
3. Mal
4. Cou counterfeit
5. For! counterfeit
the Colony other secur ments, like
such coun
6. Emi
7. Rect
8. Obta
9. Crin
10. Frau
or member the time be
11. Rape 12. Abd
13. Chil
1. Kih
15. Falso
16. Burg
17. Arso
18. Robl
19. Thre
20. Pirat
21. Sink
22. Assa
or to do gri
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