1912_MALAY_STATES_EXTRADITION_ORDINANCE__1903 — Page 4

HK Historical Laws 香港歷史法例 All AI Reviewed

1642

Committal to prison or discharge.

No. 4 of 1903.

MALAY STATES EXTRADITION.

Gaol to await the further order of the Governor without re-opening the case;

(d) warrants of arrest and copies of depositions, signed or taken before any such Judge or other competent Magistrate as aforesaid, and copies of convictions, shall be received in evidence, if the warrant of arrest purports to be signed by such Judge or Magistrate, and if the copies of depositions purport to be certified under the hand of such Judge or Magistrate to be true copies of the original depositions, and if the copy of the conviction purports to be certified under the hand and official seal of the British Resident 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 document purports to be sealed with the official seal of the British Resident and all Courts of Justice in this Colony shall take judicial notice of such seal, and admit the document so authenticated by it to be received in evidence without further proof; and

(e) the warrants of arrest and the copy of the depositions, or, as the case may be, the copy of the conviction, shall be read to the fugitive criminal, if he so desires, 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.

(2) The Magistrate shall receive any evidence which may be tendered to show that the crime or offence of which the fugitive criminal is accused is a crime or offence of a political character, or is not an extradition crime.

9.-(1) If, at the hearing before a Magistrate, such evidence is produced as would, subject to the provisions of this Ordinance, justify the committal of the fugitive criminal for trial at the Supreme Court if the extradition crime of which he is accused had been committed in the Colony, and in cases of conviction provided for by section 8(1)(b), the Magistrate shall commit him to the Gaol to await the further order of the Governor, but otherwise shall order him to be discharged.

(2) If the Magistrate commits the fugitive criminal to the Gaol, he shall thereupon inform the fugitive criminal that he will not

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

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1642 Committal to prison or discharge. No. 4 of 1903. MALAY STATES EXTRADITION. Gaol to await the further order of the Governor without re-opening the case; (c) in every case proof of the identity of the fugitive criminal must be given to the satisfaction of the Magistrate; (d) warrants of arrest and copies of depositions, signed or taken before any such Judge or other competent Magistrate as aforesaid, and copies of convictions, shall be received in evidence, if the warrant of arrest purports to be signed by such Judge or Magistrate, and if the copies of depositions purport to be certified under the hand of such Judge or Magistrate to be true copies of the original depositions, and if the copy of the conviction purports to be certified under the hand and official seal of the British Resident 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 document purports to be sealed with the official seal of the British Resident and all Courts of Justice in this Colony shall take judicial notice of such seal, and admit the document so authenticated by it to be received in evidence without further proof; and (e) the warrants of arrest and the copy of the depositions, or, as the case may be, the copy of the conviction, shall be read to the fugitive criminal, if he so desires, 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. (2) The Magistrate shall receive any evidence which may be tendered to show that the crime or offence of which the fugitive criminal is accused is a crime or offence of a political character, or is not an extradition crime. 9.-(1) If, at the hearing before a Magistrate, such evidence is produced as would, subject to the provisions of this Ordinance, justify the committal of the fugitive criminal for trial at the Supreme Court if the extradition crime of which he is accused had been committed in the Colony, and in cases of conviction provided for by section 8(1)(b), the Magistrate shall commit him to the Gaol to await the further order of the Governor, but otherwise shall order him to be discharged. (2) If the Magistrate commits the fugitive criminal to the Gaol, he shall thereupon inform the fugitive criminal that he will not * As amended by No. 50 of 1911, No. 13 of 1912 and No. 43 of 1912 Supp. Sched.

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1642 Committal to prison or discharge. * No. 4 of 1903. MALAY STATES EXTRADITION. Gaol to await the further order of the Governor without re-opening the case; (c) in every case proof of the identity of the fugitive criminal must be given to the satisfaction of the Magistrate ; (d) warrants of arrest and copies of depositions, signed or taken before any such Judge or other competent Magistrate as aforesaid, and copies of convictions, shall be received in evidence, if the warrant of arrest purports to be signed by such Judge or Magistrate, and if the copies of depositions purport to be certified under the hand of such Judge or Magistrate to be true copies of the original depositions, and if the copy of the conviction purports to be certified under the hand and official seal of the British Resident 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 document purports to be sealed with the official seal of the British Resident and all Courts of Justice in this Colony shall take judicial notice of such seal, and admit the document so authenticated by it to be received in evidence without further proof; and (e) the warrants of arrest and the copy of the depositions, or, as the case may be, the copy of the conviction, shall be read to the fugitive criminal, if he so desires, 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. • (2) The Magistrate shall receive any evidence which may be tendered to show that the crime or offence of which the fugitive criminal is accused is a crime or offence of a political character, or is not an extradition crime. 9.-(1) If, at the hearing before a Magistrate, such evidence is produced as would, subject to the provisions of this Ordinance, justify the committal of the fugitive criminal for trial at the Supreme Court if the extradition crime of which he is accused had been committed in the Colony, and in cases of conviction provided for by section 8 (1) (b), the Magistrate shall commit him to the Gaol to await the further order of the Governor, but otherwise shall order him to be discharged. (2) If the Magistrate commits the fugitive criminal to the Gaol, he shall thereupon inform the fugitive criminal that he will not * As amended by No. 50 of 1911, No. 13 of 1912 and No. 43 of 1912 Supp. Sched. !

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