1912_NORTH_BORNEO_EXTRADITION_ORDINANCE__1896 — Page 3

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NORTH BORNEO EXTRADITION.

No. 1 of 1896.

709

(2) a fugitive criminal who has been accused of a crime or offence in the Colony, not being the extradition crime for which his sur- render is demanded, or who is undergoing sentence under any conviction in the Colony, shall not be surrendered until after he has been discharged, whether by acquittal or on expiration of his sentence or otherwise.

ed.

4. Every fugitive criminal shall be liable to be apprehended and Liability of surrendered in the manner provided by this Ordinance, whether criminal to

fugitive the extradition crime in respect of which the surrender is demanded be surrender- was committed before or after the commencement of this Ordinance, and whether there is or is not any concurrent jurisdiction in any Court in the Colony over that crime.

and order to

5. Whenever a requisition for the surrender of a fugitive criminal Requisition is made to the Governor by the Governor of North Borneo, the to Governor Governor may, by order under his hand and seal, signify to a Magis- Magistrate trate that such requisition has been made, and require him to issue of apprehen- his warrant for the apprehension of the fugitive criminal.

for warrant

sion.

on receipt of

order.

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 is 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.

issue warrant as in or.

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

criminal

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

brought the Colony Provided always that—

Magistrate.

*

*As amended by No. 50 of 1911 and No. 1 of 1912.