154
Commital to prison or discharge.
Notice to Crown Solicitor before discharge.
Barring of appeal.
No. 3 of 1890.
Warrant for No. 1.] THE ORDINANCES OF HONGKONG: [A.D. 1890
or Magistrate and his authority to take cognizance of crime or offence charged shall be sufficiently proved if document purports to be sealed with the official seal of Governor of North Borneo, and all Courts of Justice in Colony shall, for the purposes of this Ordinance, take notice of such seal, and shall admit the document so authenticated by it to be received in evidence without further proof; and
(e) the warrant of arrest and the copy of the depositions, or the case may be, the copy of the conviction, shall be read 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.
(2.) The Magistrate shall receive any evidence which may be tendered to show that the crime or offence of which the fugitive criminal is accused is a crime or offence of a political character or is not an extradition crime.
9.-(1.) If, at the hearing before a Magistrate, such evidence is produced as would, subject to the provisions of this Ordinance, justify the committal of the fugitive criminal for trial at the Supreme Court for the extradition crime of which he is accused had been committed in the Colony, and in cases of conviction provided for by section 8 (1.) (b.), 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 surrendered 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.
10. Before ordering a fugitive criminal to be discharged, the Magistrate shall cause notice of his intention to make such order to be served on the Crown Solicitor.
11. The Magistrates Ordinance, 1890, so far as it relates to appeals from the decisions of Magistrates, shall not apply to proceedings under this Ordinance.
12.—(1.) On the expiration of fifteen days from the date of Magistrate's order of committal, or, if a writ of Habeas Corpus has issued and if, on the return to the writ, the Supreme Court has discharged the fugitive criminal, immediately after the decision of
154
Commital to prison or discharge.
Notice to Crown
Solicitor
before
discharge.
Barring of appeal.
No. 3 of 1890.
Warrant for
No. 1.]
THE ORDINANCES OF HONGKONG: [A.D. 189 or Magistrate and his authority to take cognizance of crime or offence charged shall be sufficiently proved if document purports to be sealed with the official seal of Governor of North Borneo, and all Courts of Justice in Colony shall, for the purposes of this Ordinance, take notice of such seal, and shall admit the document so authe ticated by it to be received in evidence without further proof and
(e) the warrant of arrest and the copy of the depositions, or the case may be, the copy of the conviction, shall be read the fugitive criminal, if he so desires, and he shall be asked he has any valid cause to show why he should not be com mitted to gaol to await the order of the Governor.
(2.) The Magistrate shall receive any evidence which may be tendere to show that the crime or offence of which the fugitive criminal accused is a crime or offence of a political character or is not an extradition crime.
9.-(1.) If, at the hearing before a Magistrate, such evidence produced as would, subject to the provisions of this Ordinance, the committal of the fugitive criminal for trial at the Supreme Court the extradition crime of which he is accused had been committed in the Colony, and in cases of conviction provided for by section 8 (1.) (b.), 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 Gao! he shall thereupon inform the fugitive criminal that he will not be surrendered until after the expiration of fifteen days from the date a such committal and that he has a right to apply to the Supreme Cou for a writ of Habeas Corpus, and the Magistrate shall forthwith send the Governor the depositions and other evidence in the case, togeth with a report thereon.
10. Before ordering a fugitive criminal to be discharged Magistrate shall cause notice of his intention to make such order served on the Crown Solicitor.
11. The Magistrates Ordinance, 1890, so far as it relates to appeals from the decisions of Magistrates, shall not apply to proceedings under this-Ordinance.
12.—(1.) On the expiration of fifteen days from the date surrender, etc. Magistrate's order of committal, or, if a writ of Habeas Corpus has
issued and if, on the return to the writ, the Supreme Court has discharged the fugitive criminal, immediately after the decision of
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