196
Governor's
No: 1 of 1872. FOREIGN OFFENDERS DETENTION.
3. In case requisition is made to the Governor by the consular officer in this Colony of any foreign Government to apprehend and temporarily detain in custody any person who, being a subject of such foreign Government and having been accused or convicted of any crime alleged to have been committed outside the Colony, is brought in the custody of an officer of such Government within the Colony in the course of his transmission for trial or punishment, it shall be lawful for the Governor, if he, in his discretion, thinks fit, by warrant under his hand and the seal of the Colony, to signify that such requisition has been made and to require the magistrates to govern themselves accordingly and to aid in apprehending the person so accused or convicted and hereinafter referred to as the offender.
Schedule.
Issue of warrant by magistrate. Schedule. Form No. 1.
warrant to magistrates foreign offender.
Form No. 2. Proceedings before magistrate.
Committal by magistrate. Schedule. Form No. 3.
4. It shall be lawful for any magistrate thereupon to issue his warrant for the apprehension of the offender.
5. If the offender is apprehended, he shall be brought forthwith before the magistrate, and the following conditions shall be complied with :-
(1) the warrant or other official document authorising the transmission of the offender for trial or punishment as aforesaid must be produced;
(2) proof of the identity of the offender must be given;
(3) the warrant or other official document of transmission shall be sufficiently proved if it purports to bear the signature and seal of a diplomatic or consular officer of the foreign Government of which such offender is a subject, and, for the purposes of this Ordinance, the warrant or other document so authenticated shall be deemed and taken to have been legally issued and shall be evidence of all facts stated therein; and
(4) the offender 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.
6. If the offender fails to show cause, to the satisfaction of the magistrate, why he should not be committed, the magistrate shall commit him to gaol, there to await the order of the Governor.
*As amended by Law Rev. Ord., 1923.
196
Governor's
No: 1 of 1872. FOREIGN OFFENDERS DETENTION.
3. In case requisition is made to the Governor by the consular officer in this Colony of any foreign Government to apprehend to apprehend and temporarily detain in custody any person
warrant to magistrates
foreign offender.
who, being a subject of such foreign Government and having been accused or convicted of any crime alleged to have been committed outside the Colony, is brought in the custody of an officer of such Government within the Colony in the course of his transmission for trial or punishment, it shall be lawful for the Governor, if he, in his discretion, Form No. 1. thinks fit, by warrant under his hand and the seal of the Colony, to signify that such requisition has been made and to require the magistrates to govern themselves accordingly and to aid in apprehending the person so accused or convicted and hereinafter referred to as the offender.
Schedule.
Issue of warrant by magistrate. Schedule. Form No. 2. Proceedings before magistrate.
Committal by magis- trate. Schedule. Form No. 3.
4. It shall be lawful for any magistrate thereupon to issue his warrant for the apprehension of the offender.
5. If the offender is appreliended, he shall be brought forthwith before the magistrate, and the following conditions shall be complied with :-
(1) the warrant or other official document authorising the transmission of the offender for trial or punishment as aforesaid must be produced;
(2) proof of the identity of the offender must be given;
(3) the warrant or other official document of transmission shall be sufficiently proved if it purports to bear the signature and seal of a diplomatic or consular officer of the foreign Government of which such offender is a subject, and, for the purposes of this Ordinance, the warrant or other document so authenticated shall be deemed and taken to have been legally issued and shall be evidence of all facts stated therein; and
(4) the offender 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. :
6. If the offender fails to show cause, to the satisfaction of the magistrate, why he should not be committed, the magistrate shall commit him to gaol, there to await the order of the Governor.
*As amended by Law Rev. Ord,, 1923.
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