1901_MACAO_EXTRADITION_ORDINANCE__1881 — Page 3

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Commital by Magistrate.

No. 1.] THE ORDINANCES OF HONGKONG: [A.D. 1881.

had been committed within the jurisdiction of this Colony, with this qualification, that copies of depositions signed or taken before any such Judge or other competent Magistrate as aforesaid and authenticated in manner hereinafter provided may be received in evidence of the criminality of the fugitive;

(3.) in the case of a person convicted, a copy of the conviction, authenticated in manner hereinafter provided, shall be produced. But if it should appear that the conviction was pronounced in the absence of the accused person for contumacy in not having surrendered to take his trial, the same evidence shall be produced to the Magistrate as in the case of a person accused but not convicted; (4.) in every case, proof of the identity of the fugitive must be given,

to the satisfaction of the Magistrate; (5.) a warrant of arrest and copies of depositions, signed or taken before any such Judge or other competent Magistrate as aforesaid, and a copy of the conviction, shall be received in evidence, if the warrant of arrest purports to be signed by such Judge or Magistrate, and if the copy of depositions purports to be certified under the hand of such Judge or Magistrate to be a true copy of the original depositions, and if the copy of the conviction purports to be certified under the hand of the Judge of the Court by which the fugitive was convicted to be a true copy of the original conviction. The signature of every such Judge or Magistrate, and his authority to take cognizance of the crime or offence charged, shall be sufficiently proved if the document purports to be sealed with the official seal of the Governor of Macao, and all Courts of Justice in this Colony shall, for the purposes of this Ordinance, take judicial notice of such seal, and shall admit the documents so authenticated by it to be received in evidence without further proof; and (6.) the original warrant of arrest and the copy of the depositions, or, as the case may be, the copy of the conviction, shall be read to the fugitive, 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-in-Council.

6. If the fugitive fails to show cause, to the satisfaction of the Magistrate, why he should not be committed, and if the Magistrate is of opinion that there is sufficient primâ facie evidence to establish the criminality of the fugitive, he shall commit him to gaol, there to await the order of the Governor-in-Council: Provided that before any such committal the Magistrate shall inform the fugitive that a period of fifteen days will be allowed him to appeal to the Supreme Court, if he thinks fit, under the next succeeding section or apply for a writ of habeas corpus.

Second Schedule: Form No. 4.

A.D. 1881

7. The following provisions shall be observed;

(1.) if the fugitive is committed by a Magistrate, the date of the committal, the name of the fugitive, and the crime or offence with which he is charged or of which he has been convicted, shall be forthwith transmitted to the Governor-in-Council;

(2.) if the fugitive is discharged, the Magistrate shall forthwith transmit to the Governor-in-Council a report of the discharge, with the grounds of the discharge and a copy of the evidence;

(3.) if the fugitive is committed, the Magistrate shall transmit to the Governor-in-Council a report of the committal, together with a copy of the evidence and a statement of the crime or offence charged;

(4.) in every case of committal, the Magistrate shall forward to the Governor-in-Council, together with the report of the committal, the original warrant of arrest, and the depositions, or a copy of the conviction, and a certificate of, or statement of the proof of, the identity of the fugitive;

(5.) the fugitive shall be committed to gaol to await the order of the Governor-in-Council, and shall not be discharged or removed except under the authority of a warrant under the hand of the Governor or of the Supreme Court;

(6.) every fugitive committed under this Ordinance shall be entitled, either before or after committal, to apply to the Supreme Court on summons for a writ of habeas corpus, and the Supreme Court shall deal with such application in the same manner as if the fugitive were in custody under a warrant of a Court of Justice in this Colony, and if he is ordered to be discharged, the order shall be transmitted to the Governor-in-Council.