1912_MACAO_EXTRADITION_ORDINANCE__1881 — Page 3

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MACAO EXTRADITION.

No. 1 of 1881.

247

signed or taken before any such Judge or other competent Magis- trate as aforesaid and authenticated in manner hereinafter provid- ed 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 sur'- rendered to take his trial, the same evidence shall be produced to the Magistrate as in the case of a person accused but not con- victed;

(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 in Macao 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 Magis- trate 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 docu- ment purports to be sealed with the official seal of the Governor of Macao, and all Courts 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 deposi- tions, 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 Committal by Magistrate, why he should not be committed, and if the Magis- 2nd schedule

Magistrate. trate is of opinion that there is sufficient primâ facie evidence to Form 4. establish the criminality of the fugitive, he shall commit him to gaol, there to wait the order of the Governor-in-Council: Provided that before any such committal the Magistrate shall inform the

* As amended by No. 50 of 1911.