CAP. 235]
Chinese Extradition.
[1964 Ed.
Requisition to Governor and order to magistrate.
Second Schedule, Form 1.
Duty of magistrate on receipt of order.
Second Schedule, Forms 2 and 3.
Power to issue warrant as in ordinary case.
Second Schedule, Form 4.
Procedure on fugitive criminal being brought before magistrate.
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.
(Amended, 17 of 1927, s. 4)
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-
(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 for 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 presence of a British consular officer, and are accompanied by a certificate in English, purporting to be a certificate by such officer, that such copies are true copies of the originals and that the original depositions have been respectively read over to the respective deponents, that they respectively appeared to understand the same, and that, to the best of such officer's belief, no compulsion had been used in obtaining such depositions; (Amended, 27 of 1937, Schedule)
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CAP. 235]
Chinese Extradition.
[1964 Ed.
Requisition to Governor and order to magistrate.
Second Schedule, Form 1.
Duty of magistrate on receipt of order.
Second Schedule, Forms 2 and 3.
Power to issue warrant as in ordinary case.
Second Schedule, Form 4.
Procedure on fugitive criminal being brought before
magistrate.
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 requisi- tion 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.
(Amended, 17 of 1927, s. 4)
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 com- plaint 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 signify- ing that a requisition has been made for the surrender of such fugitive criminal.
9. (1) When a fugitive criminal is brought before a magis- trate, 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 rob- bery with violence, and the accused person has not resided in the Colony for 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 presence of a British consular officer, and are accompanied by a certificate in English, purporting to be a certificate by such officer, that such copies are true copies of the originals and that the original depositions have been respectively read over to the respec- tive deponents, that they respectively appeared to under- stand the same, and that, to the best of such officer's belief, no compulsion had been used in obtaining such depositions; (Amended, 27 of 1937, Schedule)
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