CHINESE EXTRADITION.
No. 7 of 1889.
315
5. Every fugitive criminal who is in the Colony shall be liable to be apprehended and surrendered in manner provided by this Ordinance, whether the crime in respect of which 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.
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 a Chinese authority, 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, or otherwise to proceed in conformity with the provisions of this Ordinance.
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.
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.
(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-
* As amended by No. 17 of 1927 [28.10.27]. + As amended by Law Rev. Ord., 1937.
+
1
CHINESE EXTRADITION.
No. 7 of 1889.
315
5. Every fugitive criminal who is in the Colony shall be Liability
of fugitive liable to be apprehended and surrendered in manner provided criminal by this Ordinance, whether the crime in respect of which the to be 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.
surrendered.
to Governor
6. Whenever a requisition for the surrender of a fugitive Requisition criminal who is in or suspected of being in the Colony is made and order to to the Governor by a Chinese authority, the Governor may, ma trate. by order under his hand and seal, signify to a magistrate that Second such requisition has been made, and require him to issue his Schedule. warrant for the apprehension of the fugitive criminal, or other- Form No. 1. wise to proceed in conformity with the provisions of this Ordinance.
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.
Duty of magistrate on receipt of order. Seconu
Schedule. Forms Nos. 2 and 3.
issue warrant as
8.—(1) A magistrate may also issue his warrant for the Power to apprehension of a fugitive criminal on such information or complaint as would, in his opinion, justify the issue of a in ordinary warrant if the crime had been committed in the Colony.
case.
Second
Form No. 4.
(2) A fugitive criminal apprehended on a warrant so issued Schedule. 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.
on fugitive
9.-(1) When a fugitive criminal is brought before a Procedure magistrate, the magistrate shall hear the case
the case in the same criminal manner and have the same 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 magistrate. always that-
* As amended by No. 17 of 1927 [28.10.27]. + As amended by Law Rev. Ord., 1937.
+
1
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