CHINESE EXTRADITION.
No. 7 of 1889.
317
Form No. 5.
Ordinance, justify the committal of the fugitive criminal for second trial at the Supreme Court if the crime of which he is accused Schedule. had been committed in the Colony, the magistrate shall commit him to prison 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 prison, he shall thereupon inform the fugitive criminal that he will not be surrendered until after the expiration of fifteen 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 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, the magistrate shall cause notice of his intention to make such order to be given to the Crown Solicitor.
Notice to Crown Solicitor before discharge.
12.-(1) On the expiration of fifteen days from the date of the 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 authorized to receive him on behalf of the Chinese authority to whom the Governor considers that he should be surrendered, 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 prison to await the further order of the Governor has been
† As amended by Law Rev. Ord., 1937.
* As amended by No. 17 of 1927 [28.10.27] and Law Rev. Ord., 1937.
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Page 6
CHINESE EXTRADITION.
No. 7 of 1889.
317
Form No. 5.
Ordinance, justify the committal of the fugitive criminal for Second trial at the Supreme Court if the crime of which he is accused Schedule. had been committed in the Colony, the magistrate shall commit him to prison 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 prison, he shall thereupon inform the fugitive criminal that he will not be surrendered until after the expiration of fifteen 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 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, the magistrate shall cause notice of his intention to make such order to be given to the Crown Solicitor.
Notice to Crown
Solicitor before discharge.
+
Warrant for
surrender,
etc.
·
12.-(1) On the expiration of fifteen days from the date of the 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, Second immediately after the decision of the court, or after such further Form No. 6. 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 authorized to receive him on behalf of the Chinese authority to whom the Governor considers that he should be surrendered, 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 prison to await the further order of the Governor has been
† As amended by Law Rev. Ord., 1937.
•
* As amended by No. 17 of 1927 [28.10.27] and Law Rev. Ord., 1937.
t
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