1901_MACAO_EXTRADITION_ORDINANCE__1881 — Page 6

HK Historical Laws 香港歷史法例 All AI Reviewed

A.D. 1881.]

f section fugitive y be, or may be der this ereon to the dis- ation of gistrate us, then ect also Super- rder, to as may, be au- accord- ive in ao, and tted or him in within every Fs, the ve has hereof ouncil, order ouncil requi- litical but it dy on gainst of the ›uncil rison-

MACÃO EXTRADITION.

361

sentence in [No. 1. ment pronounced by any of the Courts of this Colony, or who is charged undergoing with any crime or offence cognizable by the said Courts, until the expir- the Colony. ation or previous determination of such sentence or of any sentence etc. which may be pronounced after 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 the 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 at any time, on application made to him by or on behalf of the fugitive and on its being proved to his satisfaction, that reasonable notice of the intention to make such application has been given to the Crown Solicitor, order the fugitive so committed to be discharged out of custody, unless sufficient cause is shown to him why such discharge ought not to be ordered: Provided that, in every case where the fugitive has appealed to the Supreme Court or has applied for a writ of habeas corpus, the said period of one month shall be computed from the date of the decision of the Supreme Court upon such proceeding, and in every case within section 11 the said period shall be computed from the date of the expiration of the fugitive's sentence or of his acquittal or of the abandonment of the charge as therein mentioned.

Power to Council to issue order of release. Form No. 9.

Right of fugitive to apply to Chief Justice for discharge, if not delivered up within certain time.

14. The Governor-in-Council may from time to time, by Order to be published in The Gazette, declare that any crime or offence specified in such Order, and not included in the First Schedule to this Ordinance, shall form part thereof, and from and after the date of the publication of such Order the several crimes and offences specified therein shall come within the operation of this Ordinance as if the same had been originally included in the said Schedule.

Power to add to list of crimes and offences.

15. The Governor-in-Council may at any time, by Order to be published in The Gazette, declare that any crime or offence specified in the First Schedule to this Ordinance, or which may hereafter be added to the said Schedule as hereinbefore provided, shall no longer form part thereof, and from and after the date of the publication of such Order such crime or offence shall cease to come within the operation of this Ordinance.

Power to expunge offence from list.

16. All expenses incident to the apprehension, detention, maintenance, and delivery of a fugitive under this Ordinance shall be borne by this Colony.

Expenses of extradition.

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A.D. 1881.] f section fugitive y be, or may be der this ereon to the dis- ation of gistrate us, then ect also Super- rder, to as may, be au- accord- ive in ao, and tted or him in within every Fs, the ve has hereof ouncil, order ouncil requi- litical but it dy on gainst of the ›uncil rison- MACÃO EXTRADITION. 361 sentence in [No. 1. ment pronounced by any of the Courts of this Colony, or who is charged undergoing with any crime or offence cognizable by the said Courts, until the expir- the Colony. ation or previous determination of such sentence or of any sentence etc. which may be pronounced after 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 the 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 at any time, on application made to him by or on behalf of the fugitive and on its being proved to his satisfaction, that reasonable notice of the intention to make such application has been given to the Crown Solicitor, order the fugitive so committed to be discharged out of custody, unless sufficient cause is shown to him why such discharge ought not to be ordered: Provided that, in every case where the fugitive has appealed to the Supreme Court or has applied for a writ of habeas corpus, the said period of one month shall be computed from the date of the decision of the Supreme Court upon such proceeding, and in every case within section 11 the said period shall be computed from the date of the expiration of the fugitive's sentence or of his acquittal or of the abandonment of the charge as therein mentioned. Power to Council to issue order of release. Form No. 9. Right of fugitive to apply to Chief Justice for discharge, if not delivered up within certain time. 14. The Governor-in-Council may from time to time, by Order to be published in The Gazette, declare that any crime or offence specified in such Order, and not included in the First Schedule to this Ordinance, shall form part thereof, and from and after the date of the publication of such Order the several crimes and offences specified therein shall come within the operation of this Ordinance as if the same had been originally included in the said Schedule. Power to add to list of crimes and offences. 15. The Governor-in-Council may at any time, by Order to be published in The Gazette, declare that any crime or offence specified in the First Schedule to this Ordinance, or which may hereafter be added to the said Schedule as hereinbefore provided, shall no longer form part thereof, and from and after the date of the publication of such Order such crime or offence shall cease to come within the operation of this Ordinance. Power to expunge offence from list. 16. All expenses incident to the apprehension, detention, maintenance, and delivery of a fugitive under this Ordinance shall be borne by this Colony. Expenses of extradition.
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D. 1881. A.D. 1881.] f section fugitive y be, or may be der this ereon to the dis- ation of gistrate us, then ect also Super- rder, to as may, be au- accord- ive in ao, and tted or him in within every Fs, the ve has hereof ouncil, order ouncil requi- litical but it dy on gainst of the ›uncil rison- MACÃO EXTRADITION. 361 sentence in [No. 1. ment pronounced by any of the Courts of this Colony, or who is charged undergoing with any crime or offence cognizable by the said Courts, until the expir- the Colony. ation or previous determination of such sentence or of any sentence etc. which may be pronounced прод 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 custódy under this Ordinance in respect of whom the Governor-in- Council does not think fit to issue an extradition warrant, and there- upon the fugitive shall be forthwith discharged from such custody. 13. Where any fugitive who has been committed under this Ordi- nance is not delivered up pursuit thereto, and conveyed out of this Colony within one month after the date of such committal, the Chief Justice may at any time, on application made to him by or on behalf of the fugitive and on its being proved, to his satisfaction, that reasonable notice of the intention to make such application has been given to the Crown Solicitor, order the fugitive so committed to be discharged out of custody, unless sufficient cause is shown to him why such discharge ought not to be ordered: Provided that, in every case where the fugi- tive has appealed to the Supreme Court or has applied for a writ of habeas corpus, the said period of one month shall be computed from the date of the decision of the Supreine Court upon such proceeding, and in every case within section 11 the said period shall be computed from the date of the expiration of the fugitive's sentence or of his acquittal or of the abandonment of the charge as therein mentioned. Power to Concil to issue order Seod She- Governor-in- of releas duk: Form No. 9. Right of fugitive to apply to Chief Justic? for discharge, if not deli- vered up time. within certain Power to add to list of crimes and 14. The Governor-in-Council may from time to time, by Order to he published in The Gazette, declare that any crime or offence specified in such Order, and not included in the First Schedule to this Ordinance, offences. shall form part thereof, and from and after the date of the publication of such Order the several crimes and offences specified therein shall come within the operation of this Ordinance as if the same had been originally included in the said Schedule. crime or 15. The Governor-in-Council may at any time, by Order to be published Power to in The Gazette, declare that any crime or offence specified in the First expunge Schedule to this Ordinance, or which may hereafter be added to the said offence fr» Schedule as hereinbefore provided, shall no longer form part thereof, and from and after the date of the publication of such Order such crime or offence shall cease to come within the operation of this Ordinance. list. 16. All expenses incident to the apprehension, detention, maintenance, Expenses of and delivery of a fugitive under this Ordinance shall be borne by this extradition, Colony. !
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D. 1881.

A.D. 1881.]

f section fugitive y be, or may be

der this

ereon to

the dis- ation of gistrate us, then ect also

Super-

rder, to

as may,

be au- accord-

ive in ao, and

tted or him in within

every

Fs, the

ve has

hereof ouncil, order

ouncil

requi-

litical

but it

dy on gainst of the

›uncil

rison-

MACÃO EXTRADITION.

361

sentence in

[No. 1.

ment pronounced by any of the Courts of this Colony, or who is charged undergoing with any crime or offence cognizable by the said Courts, until the expir- the Colony. ation or previous determination of such sentence or of any sentence etc. which may be pronounced прод 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 custódy under this Ordinance in respect of whom the Governor-in- Council does not think fit to issue an extradition warrant, and there- upon the fugitive shall be forthwith discharged from such custody.

13. Where any fugitive who has been committed under this Ordi- nance is not delivered up pursuit thereto, and conveyed out of this Colony within one month after the date of such committal, the Chief Justice may at any time, on application made to him by or on behalf of the fugitive and on its being proved, to his satisfaction, that reasonable notice of the intention to make such application has been given to the Crown Solicitor, order the fugitive so committed to be discharged out of custody, unless sufficient cause is shown to him why such discharge ought not to be ordered: Provided that, in every case where the fugi- tive has appealed to the Supreme Court or has applied for a writ of habeas corpus, the said period of one month shall be computed from the date of the decision of the Supreine Court upon such proceeding, and in every case within section 11 the said period shall be computed from the date of the expiration of the fugitive's sentence or of his acquittal or of the abandonment of the charge as therein mentioned.

Power to Concil to issue order Seod She-

Governor-in-

of releas

duk: Form No. 9.

Right of fugitive to apply to Chief Justic? for discharge, if not deli- vered up time.

within certain

Power to add to list of

crimes and

14. The Governor-in-Council may from time to time, by Order to he published in The Gazette, declare that any crime or offence specified in such Order, and not included in the First Schedule to this Ordinance, offences. shall form part thereof, and from and after the date of the publication of such Order the several crimes and offences specified therein shall come within the operation of this Ordinance as if the same had been originally included in the said Schedule.

crime or

15. The Governor-in-Council may at any time, by Order to be published Power to in The Gazette, declare that any crime or offence specified in the First expunge Schedule to this Ordinance, or which may hereafter be added to the said offence fr» Schedule as hereinbefore provided, shall no longer form part thereof, and from and after the date of the publication of such Order such crime or offence shall cease to come within the operation of this Ordinance.

list.

16. All expenses incident to the apprehension, detention, maintenance, Expenses of and delivery of a fugitive under this Ordinance shall be borne by this extradition, Colony.

!

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