the-ordinances-of-the-legislative-counci-1890v3 — Page 289

1572 ORDINANCE No. 1 OF 1881 .


Macao Extradition.


Committal. 6. If the fugitive fails to show cause to the satisfaction of the
Magistrate why he should not be committed, and if the Magistrate is of
opinion that there is sufficient primâ facie evidence to establish the
criminality of the fugitive, he shall commit him to gaol , there to await
Proviso as to
the order of the Governor in Council : Provided that before any such
appeal and
writ of habras committal , the Magistrate shall inform the fugitive that a period of fifteen
corpus.
days will be allowed him to appeal to the Supreme Court if he shall think
fit, under section 7 , or to apply for a writ of habeas corpus.

Appeals to 7. Ordinance 4 of 1858 as to appeals from the decisions of Magistrates
Supreme
Court. shall not apply to proceedings under this Ordinance, but the following
rules as to appeals shall be observed , that is to say :

Appeal from 1. If the fugitive desires to appeal to the Supreme Court against
order of
committal. Magistrate's order of committal and notifies such desire.

to the Magistrate at any time before the expiration of fifteen

days from the date of such order ; or if the Attorney General
desires to appeal to the Supreme Court against a Magistrate's
Appeal from order of discharge of a fugitive and notifies such desires to
order of
discharge . the Magistrate at any time before the actual discharge of

the fugitive, the Magistrate shall, subject to the provision
in rule 3 hereinafter contained, grant such appeal and
Transmission transmit forthwith to the Registrar of the Supreme Court
ofdepositions ,
&c. the depositions and all other documents relating to the
case, together with any statement in writing which he may
think fit to annex in relation thereto.

Fugitive to 2. If the appeal is by the Attorney General against an order of
remain in
custody. discharge, such order shall be suspended until the conclusion

of the appeal, and the fugitive shall be detained in custody
until further order of the Magistrate, or of the Supreme
Court.
Frivolous 3. If the appeal is by a fugitive against an order of committal
appeal by
fugitive. and the Magistrate has reason to believe that the appeal is
merely frivolous, he may refuse to grant the same.
Petition for 4. In case the Magistrate refuses to grant an appeal to a fugitive
order of
appeal. on the ground that the same is frivolous, the Supreme Court
may , if it thinks fit, upon the fugitive's petition in writing,
setting forth the grounds of appeal , make an order directing
the Magistrate to grant the appeal.