the-ordinances-of-the-legislative-counci-1890v2 — Page 18

HK Historical Laws 香港歷史法例 All

608
[ 1 of 1881.] MACAO EXTRADITION .


Council the requisition for the extradition of the fugitive has
been made for political reasons or a political offence is involved
in the crime charged ; but it shall not be open to the fugitive
to claim his discharge from custody on such ground before any
Judge or Magistrate, and any attempt against the life of the
Governor or of any public officer or member of the Government
of Macao shall not be deemed a political offence.
Where
fugitive is 11. No extradition order shall be granted by the Governor in
undergoing Council in respect of any fugitive who is undergoing any sen
sentence in tence of imprisonment pronounced by any of the Courts of this
this Colony.
Colony, or who is charged with any crime or offence cognizable
by the said Courts, until the expiration or previous determina
tion of such sentence or of any sentence which may be pro
nounced upon his trial for such crime or offence, or until his
acquittal or the abandonment of such charge.
The Governor
may issue 12. The Governor in Council may at any time issue an order
order of
release.
directed to the Superintendent of the Gaol for the release of any
fugitive in custody under this ordinance in respect of whom the
Governor in Council does not think fit to issue an extradition
warrant, and thereupon such fugitive shall be forthwith dis
charged from such custody.
Fugitive may 13. Where any fugitive who has been committed under this
apply to the
Supreme ordinance is not delivered up pursuant thereto, and conveyed
Court for his out of this Colony within one month after the date of such
committal,
not delivered made the Chief Justice may at any time, upon application
up within a to him by or on behalf of the fugitive, and upon its being
certain time.
proved to his satisfaction that reasonable notice of the intention
Notice to be
given to the
to make such application has been given to the Crown Solicitor,
Crown
Solicitor.
order the fugitive so committed to be discharged out of custody,
unless sufficient cause is shown to him why such discharge
ought not to be ordered : provided that in every case where
such fugitive bas appealed to the Supreme Court or has applied
for a writ of habeas corpus the said period of one inonth shall
be computed from the date of the decision of the Supreme
Court upon such proceeding, and in every case within section
11 the said period shall be computed from the date of the ex
piration of the fugitive's sentence or of his acquittal or of the
abandonment of the charge as therein mentioned.
Power to add 14. The Governor in Council may, from time to time, by
to the
dule of crimes order to be published in the Gazette, declare that any crime or
and offences. offence specified in such order, and not included in the first
schedule hereto, shall form part thereof, and from and after the
date of the publication of such order, the several crimes and
offences specified therein shall come within the operation of this
ordinance as if the same had been originally included in the
said schedule.

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.