CHINESE EXTRADITION.
No. 7 of 1889.
471
Ordinance, whether the crime in respect of which the surrender is demanded was committed before or after the commencement of this Ordinance and whether there is or is not any concurrent jurisdiction in any Court in the Colony over that crime.
to Governor for warrant
6. Whenever a requisition for the surrender of a fugitive criminal who is in or suspected of being in the Colony is made to the Governor by some officer of the Chinese Government, the Magistrate may, by order under his hand and seal, signify to a Magistrate that such requisition has been made, and require him to issue his warrant for the apprehension of the fugitive criminal.
7. A Magistrate, on receipt of the said order, shall issue his warrant for the apprehension of the fugitive criminal, or, if the fugitive criminal is already in custody, shall issue his order to all necessary persons to bring the fugitive criminal before him to be dealt with according to this Ordinance.
issue warrant
8.-(1) A Magistrate may also issue his warrant for the apprehension of a fugitive criminal on such information or complaint as would, in his opinion, justify the issue of a warrant if the crime had been committed in the Colony.
(2) A fugitive criminal apprehended on a warrant so issued shall be discharged by the Magistrate, unless the Magistrate, within such time as, with reference to the circumstances of the case, he may think reasonable, receives from the Governor an order signifying that a requisition has been made for the surrender of such fugitive criminal.
fugitive
9.-(1) When a fugitive criminal is brought before a Magistrate, the Magistrate shall hear the case in the same manner and have the same jurisdiction and powers, as nearly as may be, as if the prisoner were brought before him charged with an indictable offence committed in the Colony: Provided always that-
(a) in any case where the extradition crime alleged is murder, manslaughter, piracy, burglary, housebreaking, or robbery with violence, and the accused person has not resided in the Colony more than 6 months during the period of 12 months immediately prior to the date of his being so brought before the Magistrate, the Magistrate may receive in evidence copies of any such depositions relating to the charge as purport to have been taken in China in the presence of a British consular officer, and are accompanied by a certificate in English, purporting to be a certificate
before
ان
CHINESE EXTRADITION.
No. 7 of 1889.
471
Ordinance, whether the crime in respect of which the surrender is demanded was committed before or after the commencement of this Ordinance and whether there is or is not any concurrent juris- diction in any Court in the Colony over that crime.
to Governor
for warrant
6. Whenever a requisition for the surrender of a fugitive Requisition criminal who is in or suspected of being in the Colony is made and order to to the Governor by some officer of the Chinese Government, the Magistrate Governor may, by order under his hand and seal, signify to a of apprehen Magistrate that such requisition has been made, and require him sion. to issue his warrant for the apprehension of the fugitive criminal.
7. A Magistrate, on receipt of the said order, shall issue his Duty of
Magistrate warrant for the apprehension of the fugitive criminal, or, if the on receipt of fugitive criminal is already in custody, shall issue his order to all order. necessary persons to bring the fugitive criminal before him to be dealt with according to this Ordinance.
issue warrant
8.-(1) A Magistrate may also issue his warrant for the appre- Power forant hension of a fugitive criminal on such information or complaint as as in ordinary would, in his opinion, justify the issue of a warrant if the crime case. had been committed in the Colony.
(2) A fugitive criminal apprehended on a warrant so issued shall be discharged by the Magistrate, unless the Magistrate, within such time as, with reference to the circumstances of the case, he may think reasonable, receives from the Governor an order signifying that a requisition has been made for the surrender of such fugitive criminal.
fugitive
9.-(1) When a fugitive criminal is brought before a Magis- Procedure on trate, the Magistrate shall hear the case in the same manner and criminal be- have the same jurisdiction and powers, as nearly as may be, ing brought if the prisoner were brought before him charged with an indictable Magistrate. offence committed in the Colony: Provided always that-
as
(a) in any case where the extradition crime alleged is murder, manslaughter, piracy, burglary, housebreaking, or robbery with violence, and the accused person has not resided in the Colony more than 6 months during the period of 12 months immediately prior to the date of his being so brought before the Magistrate, the Magistrate may receive in evidence copies of any such de- positions relating to the charge as purport to have been taken in China in the presence of a British consular officer, and are accom- panied by a certificate in English, purporting to be a certificate
before
No comments yet.
Private notes are available after approval.