1912_MACAO_EXTRADITION_ORDINANCE__1881 — Page 4

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No. 1 of 1881.

Appeal to the Supreme Court.

*

MACAO EXTRADITION.

fugitive that a period of 15 days will be allowed him to appeal to the Supreme Court, if he thinks fit, under the next section or apply for a writ of habeas corpus.

7. The following rules as to appeals to the Supreme Court shall be observed:-

(1) if the fugitive desires to appeal against a Magistrate's order of committal and notifies such desire to the Magistrate at any time before the expiration of 15 days from the date of such order; or if the Attorney General desires to appeal against a Magistrate's order of discharge of a fugitive and notifies such desire to the Magistrate at any time before the actual discharge of the fugitive, the Magistrate shall, subject to the provision in paragraph 3, allow such appeal and shall transmit forthwith to the Registrar of the Supreme Court the depositions and all other documents relating to the case, together with any statement in writing which he may think fit to annex in relation thereto;

(2) if the appeal is by the Attorney General, the order of dis- charge shall be suspended until the conclusion of the appeal, and the fugitive shall be detained in custody until the further order of the Magistrate or of the Supreme Court;

(3) if the appeal is by a fugitive and the Magistrate has reason. to believe that it is merely frivolous, he may refuse to allow it; in 2nd schedule which case the Supreme Court may, on the fugitive's petition in writing, setting forth the grounds of appeal, make an order direct- ing the Magistrate to allow the appeal;

Form 5.

Form 6.

Form 7.

(4) the Magistrate shall cause notice of his intention to dis- charge a fugitive (otherwise than in pursuance of any decision of the Supreme Court), and also of any appeal by a fugitive to be served on the Crown Solicitor, and no fugitive shall be discharged by a Magistrate (otherwise than as aforesaid), unless the Attorney General has had an opportunity of being heard in opposition thereto and of giving notice of appeal; and

(5) an appeal may be heard in vacation and either in Court or in Chambers, and shall be set down for hearing on such early day and at such hour as the Chief Justice may appoint, notice whereof shall be given in writing by the Registrar of the Supreme Court to the Superintendent of the Gaol, who shall, on the day and hour appointed, bring the fugitive before the Chief Justice; and on the * As amended by No. 19 of 1911, No. 62 of 1911 and No. 63 of 1911.

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