1912_NORTH_BORNEO_EXTRADITION_ORDINANCE__1896 — Page 5

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NORTH BORNEO EXTRADITION.

No. 1 of 1896.

711

1

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9.-(1) If, at the hearing before a Magistrate, such evidence is Committal to

prison or produced as would, subject to the provisions of this Ordinance, discharge. 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 be surrendered until after the expiration of 15 days from the date of such committal and that he has a right to apply to the Supreme Court for a writ of habeas corpus, and the Magistrate shall forth- with send to the Governor the depositions and other evidence in the case, together with a report thereon.

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10. Before ordering a fugitive criminal to be discharged the Notice to Magistrate shall cause notice of his intention to make such order to Solicitor be served on the Crown Solicitor.

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11. The Magistrates Ordinance, 1890, so far as it relates to Barring of appeals from the decisions of Magistrates, shall not apply to pro- No. 3 of 1890.

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ceedings under this Ordinance.

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12.-(1) On the expiration of 15 days from the date of the Warrant for

surrender, Magistrate's order of committal, or, if a writ of habeas corpus has been issued and if, on the return to the writ, the Supreme Court has not discharged the fugitive criminal, immediately after the decision of the Court, or after such further period in either case as the Governor may allow, the Governor may, by warrant under his hand and seal, order the fugitive criminal to be surrendered to such person as the Governor considers to be authorised to receive him on behalf of the North Borneo authorities, and the fugitive criminal shall be surrendered accordingly.

(2) If the fugitive criminal while in the Colony escapes out of any custody into which he has been delivered in pursuance of a Magistrate's warrant as aforesaid, it shall be lawful for any police officer to take him without warrant and to restore him to the custody from which he has escaped, and for the person from whose

* As amended by No. 50 of 1911. As amended by No. 51 of 1911.

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