1912_MALAY_STATES_EXTRADITION_ORDINANCE__1903 — Page 3

HK Historical Laws 香港歷史法例 All AI Reviewed

MALAY STATES EXTRADITION.

No. 4 of 1903.

1641

signify to a Magistrate that such requisition has been made, and require him to issue his warrant for the apprehension of the fugitive criminal.

on receipt of

6. A Magistrate, on receipt of the said order, shall issue his warrant for the apprehension of the fugitive criminal, or, if the fugitive criminal be 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.

7.—(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 alleged extradition crime has 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.

issue warrant cases.

*

8. (1) When a fugitive criminal is brought before a Magistrate, he 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 being brought before him charged with an indictable offence committed in the Colony:

Provided always that—

(a) copies of depositions signed or taken before any Judge or other competent Magistrate having authority in the Malay State in question to take cognizance of the crime charged, and authenticated in the manner hereinafter provided, may be received in evidence of the criminality of such fugitive criminal;

(b) in the case of a person convicted in any Malay State of an extradition crime, a copy of the conviction, authenticated in the manner hereinafter provided, may be received in evidence, and shall, where the Magistrate is satisfied that such person is, according to the law of the Malay State in question, unlawfully at large, justify the Magistrate in committing such person to the

* As amended by No. 13 of 1912.

As amended by No. 50 of 1911, No. 8 of 1912, No. 12 of 1912, No. 13 of 1912 and No. 43 of 1912 Supp, Sched.

before Magistrate.

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MALAY STATES EXTRADITION. No. 4 of 1903. 1641 signify to a Magistrate that such requisition has been made, and require him to issue his warrant for the apprehension of the fugitive criminal. on receipt of 6. A Magistrate, on receipt of the said order, shall issue his warrant for the apprehension of the fugitive criminal, or, if the fugitive criminal be 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. 7.—(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 alleged extradition crime has 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. issue warrant cases. * 8. (1) When a fugitive criminal is brought before a Magistrate, he 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 being brought before him charged with an indictable offence committed in the Colony: Provided always that— (a) copies of depositions signed or taken before any Judge or other competent Magistrate having authority in the Malay State in question to take cognizance of the crime charged, and authenticated in the manner hereinafter provided, may be received in evidence of the criminality of such fugitive criminal; (b) in the case of a person convicted in any Malay State of an extradition crime, a copy of the conviction, authenticated in the manner hereinafter provided, may be received in evidence, and shall, where the Magistrate is satisfied that such person is, according to the law of the Malay State in question, unlawfully at large, justify the Magistrate in committing such person to the * As amended by No. 13 of 1912. As amended by No. 50 of 1911, No. 8 of 1912, No. 12 of 1912, No. 13 of 1912 and No. 43 of 1912 Supp, Sched. before Magistrate.
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MALAY STATES EXTRADITION. No. 4 of 1903. 1641 signify to a Magistrate that such requisition has been made, and require him to issue his warrant for the apprehension of the fugitive criminal. on receipt of 6. A Magistrate, on receipt of the said order, shall issue his Duty of warrant for the apprehension of the fugitive criminal, or, if the Magistrate fugitive criminal be 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. 7.-(1) A Magistrate may also issue his warrant for the appre- Magistrate hension of a fugitive criminal on such information or complaint may also as would, in his opinion, justify the issue of a warrant if the alleged as in ordinary extradition crime has 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. issue warrant cases. * 8. (1) When a fugitive criminal is brought before a Magistrate, Procedure on he shall hear the case in the same manner and have the fugitive same criminal jurisdiction and powers, as nearly as may be, as if the prisoner were being brought before him charged with an indictable offence committed brought in the Colony: Provided always that— (a) copies of depositions signed or taken before any Judge or other competent Magistrate having authority in the Malay State in question to take cognizance of the crime charged, and authen- ticated in the manner hereinafter provided, may be received in evidence of the criminality of such fugitive criminal; (b) in the case of a person convicted in any Malay State of an extradition crime, a copy of the conviction, authenticated in the manner hereinafter provided, may be received in evidence, and shall, where the Magistrate is satisfied that such person is, according to the law of the Malay State in question, unlawfully at large, justify the Magistrate in committing such person to the * As amended by No. 13 of 1912. As amended by No. 50 of 1911, No. 8 of 1912, No. 12 of 1912, No. 13 of 1912 and No. 43 of 1912 Supp, Sched. before Magistrate. :
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MALAY STATES EXTRADITION.

No. 4 of 1903.

1641

signify to a Magistrate that such requisition has been made, and require him to issue his warrant for the apprehension of the fugitive criminal.

on receipt of

6. A Magistrate, on receipt of the said order, shall issue his Duty of warrant for the apprehension of the fugitive criminal, or, if the Magistrate fugitive criminal be 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.

7.-(1) A Magistrate may also issue his warrant for the appre- Magistrate hension of a fugitive criminal on such information or complaint may also as would, in his opinion, justify the issue of a warrant if the alleged as in ordinary extradition crime has 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.

issue warrant

cases.

*

8. (1) When a fugitive criminal is brought before a Magistrate, Procedure on he shall hear the case in the same manner and have the

fugitive same criminal jurisdiction and powers, as nearly as may be, as if the prisoner were being brought before him charged with an indictable offence committed brought in the Colony:

Provided always that—

(a) copies of depositions signed or taken before any Judge or other competent Magistrate having authority in the Malay State in question to take cognizance of the crime charged, and authen- ticated in the manner hereinafter provided, may be received in evidence of the criminality of such fugitive criminal;

(b) in the case of a person convicted in any Malay State of an extradition crime, a copy of the conviction, authenticated in the manner hereinafter provided, may be received in evidence, and shall, where the Magistrate is satisfied that such person is, according to the law of the Malay State in question, unlawfully at large, justify the Magistrate in committing such person to the

* As amended by No. 13 of 1912.

As amended by No. 50 of 1911, No. 8 of 1912, No. 12 of 1912,

No. 13 of 1912 and No. 43 of 1912 Supp, Sched.

before Magistrate.

:

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