CHINESE EXTRADITION.
No. 7 of 1889.
431
the surrender is demanded 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
6. Whenever a requisition for the surrender of a fugitive criminal who is in or suspected of being in the Colony is made to the Governor by some officer of the Chinese Government, the Governor may, by order under his hand and seal, signify to a magistrate that such requisition has been made, and require him to issue his warrant for the apprehension of the fugitive criminal.
Second Schedule. Form No. 1.
7. A magistrate, on receipt of the said order, shall issue his warrant for the apprehension of the fugitive criminal, or, if the 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.
Second Schedule. Forms Nos. 2 and 3.
8(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 crime had been committed in the Colony.
Second Schedule. Form No. 4.
(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.
9 (1) When a fugitive criminal is brought before a magistrate, the magistrate 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 brought before him charged with an indictable offence committed in the Colony: Provided always that
(a) in any case where the extradition crime alleged is murder, manslaughter, piracy, burglary, housebreaking, or robbery with violence, and the accused person has not resided in the Colony more than six months during the period of twelve months immediately prior to the date of his being so brought before the magistrate, the magistrate may receive in evidence copies of any such depositions relating to the charge as purport to have been taken in China *As amended by Law Am. Ord., 1923.
CHINESE EXTRADITION.
No. 7 of 1889.
431
the surrender is demanded 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
6. Whenever a requisition for the surrender of a fugitive Requisition criminal who is in or suspected of being in the Colony is to Governor made to the Governor by some officer of the Chinese Govern- magistrate ment, the Governor may, by order under his hand and seal, for warrant of appréhension. signify to a magistrate that such requisition has been made, Second and require him to issue his warrant for the apprehension of Schedule. the fugitive criminal.
Form No. 1.
magistrate
receipt
7. A magistrate, on receipt of the said order, shall issue Duty of his warrant for the apprehension of the fugitive criminal, or, on eipt of if the fugitive criminal is already in custody, shall issue his order. order to all necessary persons to bring the fugitive criminal Second before him to be dealt with according to this Ordinance.
a
Schedule. Forms Nos. 2 and 3.
Power to issue warrant as in ordinary
case.
Schedule.
8(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 warrant if the crime had been committed in the Colony. Second
(2) A fugitive criminal apprehended on a warrant so issued Form No. 4. 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
9 (1) When a fugitive criminal is brought before a Procedure on magistrate, the magistrate shall hear the case in the same fugitive manner and have the saine jurisdiction and powers, as nearly being brought as may be, as if the prisoner were brought before him charged before with an indictable offence committed in the Colony: Provided always that
(a) in any case where the extradition crime alleged is murder, manslaughter, piracy, burglary, housebreaking, or robbery with violence, and the accused person has not resided in the Colony more than six months during the period of twelve months immediately prior to the date of his being so brought, before the magistrate, the magistrate may receive in evidence copies of any such depositions relating to the charge as purport to have been taken in China in the *As amended by Law Am. Ord., 1923.
magistrate.
*
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