1964_CHINESE_EXTRADITION_ORDINANCE — Page 7

6

Warrant for surrender, etc.

Second Schedule, Form 6.

Power to Governor to order discharge.

Second Schedule, Form 7.

Discharge if not surrendered within two months.

Aiders and abettors in extradition crime.

CAP. 235]

Chinese Extradition.

[1964 Ed.

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 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. (Amended, 37 of 1909, s. 2; 50 of 1911, s. 4: 51 of 1911; 63 of 1911, Schedule, 17 of 1927, s. 5, and 27 of 1937, s. 6)

(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 officer 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 police officer and to hold him at all times as upon the original warrant. (Amended, 51 of 1911, s. 4)

13. Except where any proceedings are actually pending upon a writ of habeas corpus before the Supreme Court, and in such case with the concurrence in writing of the judge having cognizance thereof, the Governor may at any time, by order under his hand and seal, discharge a fugitive criminal from custody.

14. If a fugitive criminal who has been committed to prison under this Ordinance to await the order of the Governor is not surrendered and conveyed out of the Colony within two months after such committal, a judge may, on application made to him by or on behalf of the fugitive criminal and on proof that reasonable notice of the intention to make such application has been given to the Attorney General, order the fugitive criminal to be discharged out of custody, unless sufficient cause is shown to the contrary. (Amended, 50 of 1911, and 62 of 1911, Schedule)

15. Any person who is accused or convicted of having counselled, procured, commanded, aided, or abetted the commission of any extradition crime or of being accessory before the fact