MACAO EXTRADITION.
No. 1 of 1881.
249
hearing of the appeal the Chief Justice may receive any new evidence and may either affirm or reverse the decision of the Magistrate, according as he is of opinion that there is or is not sufficient prima facie evidence of the criminality of the fugitive or that the conditions of section 5 have or have not been complied with, and may order the fugitive to be committed to gaol or to be discharged, as the case may be, or make any other order with respect to the said matter as may be requisite to the due adjudication thereof.
8. The Magistrate before whom a fugitive is brought shall, at the conclusion of the case, send a report thereon to the Governor.
Report by Magistrate to Governor.
*
Order by Council for Governor-in-
delivery up
of fugitive.
*
2nd schedule
9.-(1) It shall be lawful for the Governor-in-Council, if it seems fit, after the expiration of 15 days from the date of the committal of a fugitive by a Magistrate or, in case of any proceeding by appeal or writ of habeas corpus, then subject to the decision of the Supreme Court thereon, and subject also to the provisions of sections 10 and 11, by order directed to the Superintendent of the Gaol and hereinafter called an extradition order, to order the fugitive so committed to be delivered to such person as may, by warrant under the hand and seal of the Governor of Macao, be authorised to receive him, and the fugitive shall be delivered up accordingly.
(2) The person authorised as aforesaid may hold the fugitive in custody and convey him to any place within the territory of Macao, and if the fugitive escapes out of any custody to which he is committed or to which he is delivered as aforesaid, it shall be lawful to retake him in the same manner as any person accused of any felony committed within this Colony may be retaken upon an escape: Provided that in every case where, before the expiration of the said period of 15 days, the order of committal has been affirmed on appeal or the fugitive has applied for a writ of habeas corpus, and has failed on the return thereof to obtain his discharge, it shall be lawful for the Governor-in-Council, subject as aforesaid, to grant an extradition order without further delay.
10. No extradition order shall be granted in any case where, in the opinion of the Governor-in-Council the requisition for extradition has been made for political reasons or a political offence is
* As amended by No. 62 of 1911.
* As amended by No. 62 of 1911 and No. 63 of 1911.
Exception as to political offences.
+
Page 5
Page 6
MACAO EXTRADITION.
No. 1 of 1881.
249
hearing of the appeal the Chief Justice may receive any new evidence and may either affirm or reverse the decision of the Magistrate, according as he is of opinion that there is or is not sufficient prima facie evidence of the criminality of the fugitive or that the conditions of section 5 have or have not been complied with, and may order the fugitive to be committed to gaol or to be discharged, as the case may be, or make any other order with respect to the said matter as may be requisite to the due adjudica- tion thereof.
8. The Magistrate before whom a fugitive is brought shall, at the conclusion of the case, send a report thereon to the Governor.
Report by Magistrate to Governor.
*
Order by Council for Governor-in-
delivery up
of fugitive.
*
2nd schedule
9.-(1) It shall be lawful for the Governor-in-Council, if it seems fit, after the expiration of 15 days from the date of the committal of a fugitive by a Magistrate or, in case of any pro- ceeding by appeal or writ of habeas corpus, then subject to the decision of the Supreme Court thereon, and subject also to the provisions of sections 10 and 11, by order directed to the Superin- Form 8. tendent of the Gaol and hereinafter called an extradition order, to order the fugitive so committed to be delivered to such person as may, by warrant under the hand and seal of the Governor of Macao, be authorised to receive him, and the fugitive shall be delivered up accordingly.
(2) The person authorised as aforesaid may hold the fugitive in custody and convey him to any place within the territory of Macao, and if the fugitive escapes out of any custody to which he is committed or to which he is delivered as aforesaid, it shall be lawful to retake him in the same manner as any person accused of any felony committed within this Colony may be retaken upon an escape: Provided that in every case where, before the expira- tion of the said period of 15 days, the order of committal has been affirmed on appeal or the fugitive has applied for a writ of habeas corpus, and has failed on the return thereof to obtain his dis- charge, it shall be lawful for the Governor-in-Council, subject as aforesaid, to grant an extradition order without further delay.
10. No extradition order shall be granted in any case where, in the opinion of the Governor-in-Council the requisition for extradi- tion has been made for political reasons or a political offence is
* As amended by No. 62 of 1911.
As amended by No. 62 of 1911 and No. 63 of 1911.
Exception as to political offences.
+
Page 5Page 6
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