CHINESE EXTRADITION.
No. 7 of 1889.
433
to apply to the Supreme Court for a writ of habeas corpus, and the magistrate shall forthwith send to the Governor the depositions and other evidence in the case, together with a report thereon and in particular in relation to-
(a) the lapse of time since the commission of the extradition crime;
(b) the length of residence in the Colony and the character of the fugitive criminal; and
(c) any circumstances throwing suspicion on the origin or nature of the charge made.
11. Before ordering a fugitive criminal to be discharged, Notice to the magistrate shall cause notice of his intention to make Solicitor such order to be served on the Crown Solicitor.
before discharge.
etc.
Second
12.--(1) On the expiration of fifteen days from the date Warrant for of the magistrate's order of committal, or, if a writ of habeas surrender, corpus has been issued and if, on the return to the writ, the Supreme Court has not discharged the fugitive criminal, Schedule. immediately after the decision of the court, or after such Form No. 6. 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 Chinese authorities, and the fugitive criminal shall be surrendered accordingly: Provided always that whenever the Governor, from the magistrate's report or otherwise, has reason to suppose that any fugitive criminal who has been committed to the Gaol to await the further order of the Governor has been resident in the Colony for one year or upwards; the depositions and evidence taken before the magistrate on the investigation of the case shall, together with the magistrate's report thereon, be considered by the Governor in Council, who shall decide whether such fugitive criminal shall be surrendered or not.
(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 constable to take him without warrant and to restore him to the custody from which he has escaped, and for the person from whose custody the fugitive criminal has escaped to retake him or receive him from such constable and to hold him at all times as upon the original warrant.
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CHINESE EXTRADITION.
No. 7 of 1889.
433
to apply to the Supreme Court for a writ of habeas corpus, and the magistrate shall forthwith send to the Governor the depositions and other evidence in the case, together with a report thereon and in particular in relation to-
(a) the lapse of time since the commission of the extradition. crime;
(b) the length of residence in the Colony and the character of the fugitive criminal; and
(c)' any circumstances throwing suspicion on the origin or nature of the charge made.
Crown
11. Before ordering a fugitive criminal to be discharged, Notice to the magistrate shall cause notice of his intention to make Solicitor such order to be served on the Crown Solicitor.
.
before discharge.
etc.
Second
12.--(1) On the expiration of fifteen days from the date Warrant for of the magistrate's order of committal, or, if a writ of habeas surrender, corpus has been issued and if, on the return to the writ, the Supreme Court has not discharged the fugitive criminal, Schedule. immediately after the decision of the court, or after such Form No. 6. 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 Chinese authorities, and the fugitive criminal shall be surrendered accordingly: Provided always that whenever the Governor, from the magistrate's report or otherwise, has reason to suppose that any fugitive criminal who has been committed to the Gaol to await the further order of the Governor has been resident in the Colony for one year or upwards; the depositions and evidence taken before the magistrate on the investigation of the case shall, together with, the magistrate's report thereon, be considered by the Governor in Council, who shall decide whether such fugitive criminal shall be surrendered or not.
!
(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 constable to take him without warrant and to restore him to the custody from which he has, escaped, and for the person from whose custody the fugitive criminal has escaped to retake him or receive him from such constable and to hold him at all times as upon the original warrant.
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