HONGKONG AND MACAO EXTRADITION ORDINANCE
Title
HONGKONG AND MACAO EXTRADITION ORDINANCE
Description
Hongkong and Macao Extradition.
No. 13 of 18'0.
[2nd September, 1870.
An Ordinance for the Extradition of Certain Fugitives from Justice.
WHEREAS persons who have committed certain crimes within the territory
~/ ~ Macao may escape to this Colony and it is expedient to provide for
the appi:
hension of such .fug.itives.from Justice a,n&.for.their surrender to the
Cxoverumentr ,
'Macao in order that they way be dealt with according to law: Be it
enacted.by-tl
governor of Hongkong, with the advice of the Legislative Council then
eof; as follows::
1. This Ordinance may be cited as 'The Hongkong and Macao Extradition
Ordi-
URDI~?
flonyhony;an.5lAgcao .ExtTUditiora.
the interpretation of this Ordininoe, the 'expression
1°Governor-df-Macao'-
sUall include the person for the time being administering the Government
of M;:tcao:
The expression °' Territory of Macao' shall extend to any place within the
jurisdiction of the Government of Macao, and shall include the high
seas.
The agpreskion'°Stxperintendent of the Gaol' shall mean the Superintendent
of 1xxa; Gaol- or the keeper of any prison or place of custody for
13. Iii case requisition. shall at any time be made by the Governor of
Macao to the'
;C#overnor of this Colony to deliver up to justice any person, who being
accused.o'i con-
.yictarl of any of the.crimes:and offences specified in. the first
schedule of this Ordinance,
,arid alleged to have been, eummitted'eit.her.before or after the passing
of this Ordinance
,witkin the territory of iM's,cao,'has taken refuge . within this Colony,
it shall be lawful
,.for the Governor of ,this-Colony if be shall in his discretion thick
fit, by warrant under
-bis,ha,nd and cal to. signify that such requisition has been made, and
to require the
,Police Magistrates to govern themselves .accordingly and to aid in
apprehending the
person so accilsed-or convicted, and hereinafter referred to as the
fugitive.
4. Upon the issue of such warrant as aforesaid it shall be.lawful for any
Police- Warrant orrtder_
of 1ragtAGrate
Magistrate to issue his warrant for -the apprehension .of the said
fugitive, and if ha be .:.
already in custody, to issue au order to the Superintendent of, the Gaol
farthwith tb ~~ ~~ '~
_ ~t~h axt xi~><xner~4,>bring the fugitive before, hiy to bede4v elexJLae~
iov3de
d
p
5. If the fugitive lie ~,p~rraheixded, e~xf hc~, xlx~.ilrsady
.zn=~cui?todf, he.shall be rri~eeatxi~a vj
`befnta the .,
brought forthwith before ,tlie Magstrte: axta the' ~folIowinb:
conditions a;nd regalatioi
shall be complied with
Upon requisition -.'
the Qovernor
nay issue
warrant to-Pottcx _-
*agistrntea. -
L Twee must- be, the production :ba£oize .the ~aystra£e of a valid
wa'rrant 4f . P~ nsi~f ex
_~rrest issued.by a Judge ox otlier,_compqtept lVZagstrate havIng au,fuaY
lt~y
wttbin the territ8rf;i~£ Macao.to take Gogmiazace oPt he ctnne,ch~r,~ede
and
:;o1eaxly searing, forth such APe
2. In- the case of a person accused ib.ut not coamoteet such mvidorice
shall, be tiddence, in cams
ofperson
produced to the Ma' wouldm his.'npmion justify the approhan:- a~a.,
s-ion o£ ,the- fugtipe ;if the erye:of Which he is accused had been coin.,
,mittedwithin.the ~urisdyt~on of th' 'Calouy; with this qualification th
at -.
copies of depositions sigue~qr fakeil~ before any such Judge or~
coxnpetentMs,gc'strate-its aforaid=aUil, authenticated -iu manner
lieiein:=--.
after,'may be rece'iwad in evidence of the 'criminality of the
fugitive:'
3. In't3ie case,of.ti l3erson.-convicted a copy of the,
conviotion:authei';ticated in
fnonyer hereinafter 7p,rovided,shall be-prodnced:.But-i£it.should appear
I:viaettae- in case
of a person eoff .:
vtcoed., . _
ORDINA\CC \o. 13.,.~0F 1870.
Ilongkong and Macao L'xtraditiom
that the conviction was pronounced. ill tlo absence of the accused for
i'oritumacy in not having surrenderod to take leis trial, the same
evidence
shell be produced to the D1anistrate as in the case of a person accused
but
net convicted.
rrootoetaanticy. 4. In overt' case proof of the identity of the fugitive
must 1>e given to the
satisfaction of the Magistrate.
Artlienttcatioq-
Warrants of arrest and copies of depositions, signed... of taken before
any
such Judge or other competent Magistrate, as,af n did; and copies of
convictions shall be received in evidence, if the wanaiit of arrest
purports
to be signed by such Judge or Magistrate and if the copies of depositions
purport to be certified under the Band of such Judge or Magistrate to be
true copies o£ the original depositions, and if the copy of the conviction
purport to be certified under the band of the Judge of the Court by which
the fugitive was convicted to be a true copy of the original conviction.
The signature of every such Judge or Magistrate and his authority to
take cognizance of the crime or ,offence charged, shall be sufficiently
poovod if the document purport to be sealed with the official seal of the
`Cloveruor.of Macao, and all Courts of Justice in this Colony shall, for
the
yuxposo of this Ordinance, take judicial notice of such soul, and shall
admi-t1116 - documents so authenticated by it to be received in evidences
without farther proof.
6. The original warrant of arrest and the copy of the depositions or as
'the
case may be the copy of the conviction shall be read to the fugitive, and
he shall be asked if ho has sang valid eause.te show why ho should not b©
committed to gaol to await the order of the Governor.,
If the fugitive shall fail to show cause to the satisfaction.oftle
Magistrate why
he should not be committed, and .iF the Magistrate stair be of opinion
that there is
i efficient ,prirnt. facie evidence to establish the criminality of the
fugitive, lie shall
rrovisoasEo :.~F 'COnnnit him to gaol those to await the order of the
Governor,. Provided always, and it
appal and writ _ . .
of Ha6_eaa ;.: y- liereby expressly enacted that before airy -suoh
cetnnnittal, the Magistrate shall inform
~lxa;fugitive that to period of fifteen days will be allowed hiai to
appeal to the Supreme
.Court. 'if he °ehall think fit; under section 7, or to apply for a writ
of Habeas Corpus.
nppeais to ` 7:1 ,Ordinance N6. 4 of 1858, as to appeals from the
decisions of Magistrates shall
SuPxana Court:
not apply to, proceedings under'this Ordinance,` but the following rules
as to appeals.
_ - shall be observed, that is to say :-
-appeniirorm 1. If the fugitive shall desire to appeal to the Supreme
Court against a.
6i gar of
ca~mittai: .Magistrate's eider of committal and shall notify such desire
to the.
Magistrate at any time before the expiration of fifteen days from the date
Appeal it0m - - - - of such order; or if the Attorney General shall desire
to appeal to the
order ofe. ' . ` Supremo Court against a Magistrate's order of discharge
of a fugitive and
ORDINANCE Nq.~'13 OF 1870.
Hongkong and .cifacao Extradition.
shall ratify such desire to 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 transmit forthwith to
'I'ransnilwon of
the Registrar of the Supreme Court, the depositions and all other
depositions,
documents relating to the case together with any statement in writing
which lie may think fit to annex in relation thereto.
'?. I£ the ;apiiiel shall be by the Attorney General against an order of
discharge,
sucljil~r shill be suspended until the conclusion of the appeal, and the
£ugilve''sliall be detained in custody until further ordor of
tiie:Maistrate,
or of the Supreme Court.
$. If the appeal shall be by a fugitive against an order of committal and
the rKthrtA appeal,
Magistrate shall have reason to believe that the appeal is merely
frivolous, by, fi'gicire.
he may reFuse.to grant the same. . '
In case the Magistrate shall refuse to grant au appeal to a fugitive on
the retitt°n for
ground that the same is frivolous, the Supreme Court mss, if it shall
think
fit, upon the fugitive's petition in writing, setting forth the grounds of
appeal, make an order directing the Magistrate to grant the appeal. '
5. The Magistrate shall,cause notice of his intention to discharge a
fugitive, Notices toCrohm
(otherwise than in pursuance of any decision of the Supreme Court,), and.
~°tt°t~°r~ .
also of any appeal Ly a fugitive against his committal, to be
servea-uppii',
the Crown ,Solicitor; and no fugitive shall, be ,discharged, by a
Magzsfia~te, . ~~
(otha»rwiso~thanvforesaidjyunless tli.e Attorney Gerieral shall have-13aa
a°
opportunity of'W in`itioii.thereto, and of diving
not<icen
appeal.
xaetitre t° -.
remain ii, -
4.
order of appeal,
G. Every appeal under this Ordinance may be heard in vacation and either
in
Court or in chambers and shall be set dawn for hearing on such early dtiy
and at such hour as the Chief Justice shall appoint,wotice whereof shall'
be given in writing by the Registrar to the Superintendent of, thevGaol,
who shall on the day and hour appointed bring the fugitive before the
Chief Jtistice; and err the heariug of the appeal the Chief SuAice may,,
-
if he shall think fit, receive, any new evidence arid' niay either affirm
or
reverse the decision :of the Xagistiate according as lie shall be of oi
piiiion
that there is, or is not, sufficient prirrxic facie evidence o£ the
orimin>ilitp
of the 'Fugitive orthat the ca-~tiotts and regulations of section 5 :have,
or have not, been eomplre!' ~/ h, and may order the fugitive to- be
committed to gaol or to be ` urged; as tie case may be, or make any
other order with respect to t(re';said matter as shall be requisite
tb:=the
due'adjudication thereof:
Proceedings on:
appeal.
$. The Magi'stra.te before whom a fugitive shall be brought under this
Ordinance
report to 7'
shall, at the conclusion of the case, send a report thereon to the
Governor. o°v®rmo,
'rhe Governor
may Issue order
of release.
ORDINANCE No, 13 'OF 18'l0.
f#eaTit of
eictradltion
warrant:
Custody and .
surrender of
Yugltlve.-
tttbvlsion as to
escape.
llonghong and 11acao Exiradition.
j shall he lawful for,the Governor if he shall in his discretion think
fits
'after the expiration of fifteen days from the date of -the committal of
a fugitive by a
Magistrate or, in case of any proceeding by appeal or writ of
Habeas'Corpus, then
subject to the decision of the Supreme Court thereon, and subject also to
the provisions
of sections 10 and 11 hereinafter contained, by warrant under his hand
and seal directed
to the Superintendent of the Gaol and hereinafter called an 'Extradition
Warrant' to
order the fugitive so committed to be delivered to such person as shall
by warrant under
the hand and seal of the Governor of Macao be authorized to receive him,
and such
fugitive. shall be delivered up accordingly; and it shall be lawful for
the person author-
ized as aforesaid to hold such fugitive in custody, and to convey him to
any place
within the territory of Macao, and if such fugitive shall escape out of
any custody to
which he shall be committed or to which-he shall be delivered as
aforesaid, it shall be
lawful to retake him in the same manner as any person accused of any
felony coin.
mittcd: within this Colony may be retaken upon an escape: Provided
always, that in
every case where before the expiration of the said period of fifteen
days, the order of
. committal shall have been affirmed on appeal or the fugitive shall have
applied for a
writ of Habeas Corpus, and shall have failed on the return thereof, to
obtain his die.
h'::chtttgc, it,shall be lawful for the Governor, in such discretion and
subject as aforesaid,
10. .No extradition warrant shall be granted by the Governor in any case
where in
Ills0p1inion 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.
11, No extradition warrant shall be granted by the Governor in respect of
any
fugitive who shall be undergoing any sentence of imprisonment pronounced
by any of
.the Courts of this Colony or shall be pharged with any crime or offence,
cognizable by
-she: said Courts until he expiration of such sentence or of any sentence
which may be
T;y)rat%otineed 'upon his trial for such .prime or offence or until his
acquittal or- the-
.:~tjri~dontnent of such charge.
`<' 't`f~, The Governor may at any time issue au order directed to the
Superintendent`
of'flie~Gaol for the release of any fugitive in 'bustody under this
Ordinance in respect of
`v~,h-oiu he shall riot think fit to issue an extradition warrant, and
thereupon such fu;itive
sha11'be forthwith discha.r;md from such custody.
apply to the
sup icErfie Court '
for his discharge
if n»tdeUpered
np within ry,
certain time,. .
Notice to be
liven to the,'
(:rowmSolicitor.
' 13. Where any fugitive who shtiXave been committed under this Ordinane%
.
shall not be delivered up pursuant thereto, and conveyed out of this
Colony within,:
one month after the date of such committal, it shah be lawfuhfdr the
Chief Justice at
any tithe upon application trade to him by or on behalf of the fugitive,
and upon its.
being proved to his satisfaction that reasonable notice of the intention
to make such=
applicttiou has been given to the Crotch Solicitor, to order the fugitive
so committed tb-
ORDINANCE No. -oF 1870.
Hongkong and Macao .Extradition.
he discharged out of custody, unless sufficient cause shall be shown to
him why such
discharge ought not to be ordered: Provided always that in every case
where such
fugitive shall have appealed to the Supreme Court or,sball have applied
for a writ of
Habeas Corpus the said period of one month 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 (late of the expiration of the
fugitive's
sentence or of his acquittal or of the abandonment bf the charge as
therein mentioned.
-14. It shall be lawful for :the Governor from time. to time by
proclamation in the
Gazette to .declare that any crime or offence .specified in such
proclamation, and not
included in the first schedule hereto shall form part thereof, and from
and after the
date of the publication of such proclamation, the several crimes and
offences specifie4
therein, shall come within the operation of this Ordinance as if the same
had been
originally included in the said schedule.
1'5, It shall be lawful for the Governor at any time by proclamation in
the Gazette
to declare that any crime or offence specified in the first schedule
hereto or which may
hereafter be added to the said schedule as hereinbefore provided, shall
no longer form
part thereof, and from and after the date of the publication of such
proclamation, such
crime or offence shall cease to come within the operation of this
Ordinance.
18. All expenses incident to the apprehension, detention, maintenance,
and Exponaeaof
oxtraditlon.
delivery of a fugitive ijnder this Ordinance, shall be borne by this
Colony.
17. If any action be brought against a 111agiatrate,, gaoler, officer .of
Police, :or,
any other person for anything done in obedience to any .warrant or order
issued under
the provisions of this Ordinance, the proof of such warrant or
order-sball'be a tufiidient
answer to such action, and the defendant or defendants on such proof ,as
aforesaid
shall be entitled to a verdict or judgment in his or their favor, And
shall also be entitled
to his or.t4eir full costs of suit.
Power to add to
the schedule
ofcrlmesand
offences.
Power to
expunge any
crime or offence -
from schedule.
18. This Ordinance shall commence and take effect when and so soon .'4s,
the
Governor shall, by proclamation in the Gazette, declare that.sufilcient
reciprocal
provision has been made by the Government of Macao for the .apprehension
-and
surrendero the Government of -Hongkong of offenders escaping to any place
within
the territory of Macao who may be charged with having committed within
this Colony,
any of the crimes or offenees.in respect of which a fugitive may be
surrendered under
this Ordinance.
19. No fugitive who may be surrendered by the Government of Macao to the
Government of Hongkong in pursuance of such reciprocal provision as
aforesaid~shall
be put upon his trial or detained within this ~Coiony for any crime other
than, the
particular crime for which he may have been surrendered, without
having.been pre-
Fiously-xestored or slaving had an opportunity of returning to the Colony
of -Macao.
20. The forms given in the second schedule to this Ordinance or forms to
the like,
effect, with such variations and additions as circumstances require, may
be used for the
This Ordinance
to commence
from pro
clamation of
reciprocal laws
of Macao.
Provision for
restoration of
fugitive after
trial.
Forms in
second schedule
may be need. -
ORDINANCE NO. 13 OF 1870.
Hongkong and Macao Extradition.
purposes therein indicated and instruments in those forms shall (as
regards the form
thereof) be valid and sufficient.
Proviso as to
repeal or
suspension of
Or$fnance, or
of ~ny part
thereof.
21. In case the Governor in Council shall deem it expedient that this
Ordinance or
any part thereof should be repealed or the operation thereof suspended
for any period,
or in case the Governor of Macao shall notify to the Governor of this
Colony his desire,
to repeal or suspend for any period such reciprocal provision as
aforesaid, or any part
thereof, it shall be lawful for the Governor of this Colony by
proclamation in the
Gazette to declare that thin Ordinance or any part thereof shall be
suspended in its
operation for any period, or that the same is repealed, and from the date
of the publica-
tion of such proclamation in the Gazette, the said Ordinance or such part
thereof as
may be specified in the proclamation shall be deemed to be suspended or
repealed
accordingly.
FIRST SCHEDULE.
LIST Or CRIMES AND OFFENCES.
The following list of crimes and offences is to be construed according to
the law existing in the
Colony of Hongkong, at the date of the alleged crime or offence, whether
by common law or by Imperial
Statute or, Local Ordinance made before or after the passing of this
Ordinance.
Murder, and attempt and conspiracy to murder.
Manslaughter.
Wounding with intent to do grievous bodily harm.
Counterfeiting and altering money and uttering counterfeit or altered
money.
Forgery, counterfeiting, and altering, and uttering what is forged-or
counterfeited or altered.
Embezzlement and larceny.
Unlawfully receiving stolen property.
Obtaining money or goods by false pretences.
Crimes by bankrupts against bankruptcy law.
Fraud by a bailee, banker, agent, factor, trustee, or director, or
member, or public Acer, of any
company made criminal by any law for the time being in force.
.. - 'Rake. .
r Abduction, or forcible taking or detention.
Child stealing.
Burglary and housebreaking.
Arson.
Robbery with violence.
Threats by letter or otherwise with intent to extort.
A
Piracy by law of nations, or municipal law.
Sinking or destroying a vessel at sea, or attempting or conspiring to do
so.
Assaults on board a ship on the high seas with intent to destroy life or
to do grievous bodily harm
Revolt or conspiracy to revolt by two-or more persons on board a ship on
the high seas against. the
authority of the master.
Desertion from the Naval; Military, or Police Forces.
ORDINANCR.No. 13.ar 1870.
Hongkong and Macao Extradition.
SECOND SCHEDULE.
FORMS.
(Governor's 1larran.t to hfagistrates.)
'THE, HONGKONG AND MACAO EXTRADITION ORDINANCE.'
By His Excellency
dependencies.
To:'.'., Police Magistrates.
Whereas requisition has been duly made to me pursuant to the above
Ordinance for the surrender
now in this Colony charged with having committed,the crime of,
within the territory of Macao and with being a fugitive from justice.
You are hereby required to govern yourselves accoiclingly and to aid in
apprehending the said
fugitive and in committing him to Gaol for the. purpose of his being
delivered up to justice according
to the pyovisious of the said Ordinance and for so doing this shall be
your warrant.
Given under my hand and seal at Victoria, Hongkong, this day of , 18
of one
Governor and Commander-in-Chief of this Colony and its
By Order,
Colonial Secretary.
Warrant of Apprelcension.)
Governor, y4
THE HONGKONG AND MACAO EXTRADITIO14 ORDINANCE.'
If 8nghong ~ To all and each of the constables of the Hongkong Police.
Force.
to wit.
Whereas His Excellency
Governor and Commander-in-Chief of this Colony and its
dependencies, by warrant under his hand and seal has signified that
pursuant to the above ;Ordinance,
requisition has been duly made to him for delivering up to justice one
now in this Colony charged with having committed the crime of -
-within the territory of Macao and with being a fugitive from justice
and, has required the Police
Magistrates to. govern themselves accordingly and to aid in apprehending
the said fugitive.
This is therefore to command you in Her Majesty's name forthwith to
apprehend the said fugitive
pursuant to the said Ordinance wherever he may be found in this Colony
and bring him before me or
any other Police Magistrate sitting in this Court to answer unto the said
charge an -1 for which this shall
be your warrant.
Given under my hand and seal at the Magistrates' Court of this Colony this
. day of in the year of our Lord, 18 .
L. S.
Police Magistrate.
ORDINA9-GE No. 13, or 1870.
To the Superintendent of Victoria Gaal.
Whereas His Excellency
Flmgkong arid Macao' Extradition:
(Order to Superintendent of Cfaol to brim z<p prisoner.)
'THE HONGKONG AND MACAO EXTRADITION ORDINANCE.'
Governor and Commander-in-Chief of this Colony and its
depdndericiosby warrant under his hand and seal has signified that
pursuant to the above Ordinance,
requisition has been duly made to him for delivering up to justice, one
charged with having committed the crime of
within the territory of Macao
and with being a. fugitive from justice and has directed the Police
Magistrates to govern themselves
accordingly for the purpose, of such fugitive being delivered up to
justice .under the provisions of. the
said Ordinance;
And whereas the said fugitive is now detained in Victoria Gaol under your
custody;
You are hereby ordered to bring up the said
Police Magistrate sitting in this Court to be dealt with as provided by
law.
Given under my hand and seal this day of
Court of this Colony,
4
(.Warrant of Committal.)
THE HONGKONG AND MACAO EXTRADITION ORDINANCE.'
forthwith before me or any ojlser
18 , at the Magistrates'
.Police Magistrate.
Hongkong To
to wit. ~ one of the Constables of the Hongkong Police Force, and to the
Superintendent of VictJIia
Gaol.
Whereas on the day of in the year of our Lord 18
'. late of
was brought before me
one of the Police Magistrates sitting at the Magistrates' Court, of
this Colony charged with having committed on the day of 1-8 .
within. the territory of Macao the crime of and with being a fugitive from
justipe ;
- And whereas the evidence which has been shown to me of the criminality
of thesaid
., a
is in my opinion sufficient to justify his committal to gaol pursuant ho .
section 6 of the above Ordinance;
This is therefore to command you the said constable in Her Majesty's name
forthwith to, convey and;,
deliver the body of the said into the custody of the said
5uperintenilent''-
of Victoria Gaol; and you the said Superintendent to receive the said
unto your custody is the said gaol and him there safely to keep~until he
shall be thence doliveiecl'
pursuant to the provisions of the said Ordinance for which this,shali be
your warrant.
Given under my hand and seal at Hongkong, this day of in
the year of our Lord, 18
L.B,
Police Magistrate.
on
ORDINIAXCE No: 13 of 1870:
Hbnghong and Macao Emtradit&ra:
(Petition of Fugitdroa for Order of Appeal.)
TIIG HONGKONG AND MACAO EXTRADITION ORDNANCE.'
To tlu: Ilanourable
Chief Justice.
The humble pAtion of
a prisoner in Victoria Gaol,
Showeth
1. That your petitioner was on the day of
instant, (or last,) Committed to gaol
by A. B., Esquire, .Police Magistrate, as a fugitive from justice, there
to await the oieler of His
Excellency the Governor, under the provisions of t'ne above Ordinance. .
2. That your petitioner has been advised (or believes) that the said
order of committal ought tc be
reversed on the folloAng-grounds that is to~ say:
`~ [State ()rounds.)
That your petitioner has given xuiticie to the Magistrate of his desire
to appeal against the sail
order, but the Magistrate has Cefnr.Zd to grant the said appeal.
Your petitioner therefore humbly prays that this Honourable Court will be
pleased to order
that the said appeal be granted.
And your petitioner will ever pray, &c., dc..
(Notices to the (frown Solioirnr of tlne Fhrgitize's Appeal or of the
MagiBtritte's .Intention
to-d*ohtti-Vge t-lteYWgdtive:)
'THE FIONGKONG AND MACAO EXTRADITION ,O&IXTNANOES'
To A. B., Esquire,
Crown Solicitor.
said
Whereas one
one of the Police Magistrates, charged with having on the day of
muted the crime of
with being a fugitive from justice;
has been brought before.A: B., Esquire,-
com-
within the territory of Macao and
And whereas, the evidence which has -been shown to. the said Magistrate
of the cximinality of the
is not ~in his opinion sufficient to justify his committal to gaol under
the
provisions of the above-mentioned Ordinance;
And whereas by reason thereof, the said-Magistrate intends to make an
!order for his -discharge
nest, the day of at the hour of
And whereas the said :Magistrate has ordered the committal of the said
fugitive to gaol under the
provisions of the above-mentioned Ordinance;
And whereas the said -fugitive has appealed against the said order of
committal;
This is therefore to give you notice of such intended order (m appeal)
pursuant to section 7 of the
aid Ordinance.
Dated the day of
llagiatrate's C'Irrla:
ORDINANCE No. 13 or 1810.
.Flongkong and Macao Extradition.
Hongkong ~ To
to wit. J
(tllagiatrate'a Order of Dixclaarge.)
TILE HONGKONG AND MACAO EXTRADITION ORDINANCE.'
Superintendent of Victoria Gaol.
Whereas on the day [or days] of ~ in the year of our
Lord 18 and late of
was brought before me
one of the Police Magistrates sitting at the Magistrates' Court of this
Colony
Charged with having committed on the day of
of Macao,the crime of
18 ` within the territory
and with being a fugit v c from justice ; and whereas the evidence which
has been
shown to me, of the criminality of the said , is not in my opinion
sufficient to justify his
committal to gaol pursuant to section fi of the above Ordinance;
You are hereby ordered to discharge the said
from your custody in the said gaol under the said Ordinance, fir which
this shall be your warrant.
Given under my hand at Hongkong, this day of
Lord 18
By His Excellency
its dependencies.
2b the,Suporintemdciat of Victoria Gaol.
Whereap on the day of
in the year of our
(Governor's Extradition Warrant.)
THE HONGKONG AND MACAO EXTRADITION ORDINANCE.'
Police :Kagistrate.
Governor and Commander-in-Chief of this Colony and
18 ,one
to .gaol as.a fugitive under the provisions of the above Ordinance.
.:,, Arieh,whereas the said
custody under the said committal.
was committed
is now in Victoria Gaol in your
And whereas it_ihas been determined that the said fugitive shall
besnrrendered to the Government
of Macao.
_ You are hereby ordered to deliver the said
. unto
being the person duly authorized by the Government of Macao to receive
the said fugitive and to convey
him within the territory of Macao and for so doing this shall be your
warrant. '
Given under my hand and seal at Hongkong; this day of 18
Bp Order, ~ ~ Governor, *c.
Colonial Secretary.
No. 13 of 1870.
Hongkong and Macao Extradition.
9.
(Governor's Order of Release.)
THE HONGKONG AND MACAO EXTRADITION ORDINANCE.'
By His Excellency
its dependencies.
To the Superintendent of Victoria Gaol.
Whereas one
Governor and Commander-in-Chief of this Colony and
is now in your custody as
a fugitive under the provisions of the above Ordinance.
And whereas it has been a;termine 1 that no extradition warrant shall be
granted in repect or the
said fugitive.
You arc hereby ordered to release the said
under the said Ordinance.
r Given under my hand at Victoria, Hongkong, this
13y Order,
Colonial Secretary:
from custody
day of 18
Uorcrnur, A-e.
,Confirmation proclaimed 26th June, 1871, subject to the Ordinance taking
effect on
Proclamation by the Governor that a reciprocal measure had been passed
by the Macao Government: 'no record of any such proclamation;
repealed by Ordinance No. 4 of r887.]
1066
Title.
Preamble.
Short title.
1067
Interpretation.
Upon requisition the Governor may issue warrant to Police Magistrates.
Warrant or order of Magistrate.
Proceedings before the Magistrate.
Production of warrant of arrest.
Evidence in case of person accused.
Evidence in case of a person convicted.
1068
Proof of identity.
Authentication of documents.
Documents to be read to the fugitive who must be asked to show cause.
Committal.
Proviso as to appeal and writ of Habeas Corpus.
Appeals to Supreme Court.
Appeal from order of committal.
Appeal from order of discharge.
1069
Transmission of depositions, &c.
Fugitive to remain in custody.
Frivoious appeal by fugitive.
Petition for order of appeal.
Notices to Crown Solicitor.
Proceeddings on appeal.
Magistrate's report to Governor.
1070
Grant of extradition warrant.
Custody and surrender of fugitive.
Provision as to escape.
Political offences.
Where fugitive is undergoing sentence in this Colony.
The Governor may issue order of release.
Fugitive may apply to the Supreme Court for his discharge if not delivered up within a certain time.
Notice to be given to the Crown Solicitor.
1071
Power to add to the schedule of crimes and offences.
Power to expunge any crime or offence from schedule.
Expenses of extradition.
Protection to Magistrate, gaoler, &c. acting under warrant.
This Ordinance to commence from proclamation of reciprocal laws of Macao.
Provison for restration of fugitive after trail.
Forms in second schedule may be used.
1072
Proviso as to repeal or suspension of Ordinance, or of any part thereof.
1077
No. 13 of 18'0.
[2nd September, 1870.
An Ordinance for the Extradition of Certain Fugitives from Justice.
WHEREAS persons who have committed certain crimes within the territory
~/ ~ Macao may escape to this Colony and it is expedient to provide for
the appi:
hension of such .fug.itives.from Justice a,n&.for.their surrender to the
Cxoverumentr ,
'Macao in order that they way be dealt with according to law: Be it
enacted.by-tl
governor of Hongkong, with the advice of the Legislative Council then
eof; as follows::
1. This Ordinance may be cited as 'The Hongkong and Macao Extradition
Ordi-
URDI~?
flonyhony;an.5lAgcao .ExtTUditiora.
the interpretation of this Ordininoe, the 'expression
1°Governor-df-Macao'-
sUall include the person for the time being administering the Government
of M;:tcao:
The expression °' Territory of Macao' shall extend to any place within the
jurisdiction of the Government of Macao, and shall include the high
seas.
The agpreskion'°Stxperintendent of the Gaol' shall mean the Superintendent
of 1xxa; Gaol- or the keeper of any prison or place of custody for
13. Iii case requisition. shall at any time be made by the Governor of
Macao to the'
;C#overnor of this Colony to deliver up to justice any person, who being
accused.o'i con-
.yictarl of any of the.crimes:and offences specified in. the first
schedule of this Ordinance,
,arid alleged to have been, eummitted'eit.her.before or after the passing
of this Ordinance
,witkin the territory of iM's,cao,'has taken refuge . within this Colony,
it shall be lawful
,.for the Governor of ,this-Colony if be shall in his discretion thick
fit, by warrant under
-bis,ha,nd and cal to. signify that such requisition has been made, and
to require the
,Police Magistrates to govern themselves .accordingly and to aid in
apprehending the
person so accilsed-or convicted, and hereinafter referred to as the
fugitive.
4. Upon the issue of such warrant as aforesaid it shall be.lawful for any
Police- Warrant orrtder_
of 1ragtAGrate
Magistrate to issue his warrant for -the apprehension .of the said
fugitive, and if ha be .:.
already in custody, to issue au order to the Superintendent of, the Gaol
farthwith tb ~~ ~~ '~
_ ~t~h axt xi~><xner~4,>bring the fugitive before, hiy to bede4v elexJLae~
iov3de
d
p
5. If the fugitive lie ~,p~rraheixded, e~xf hc~, xlx~.ilrsady
.zn=~cui?todf, he.shall be rri~eeatxi~a vj
`befnta the .,
brought forthwith before ,tlie Magstrte: axta the' ~folIowinb:
conditions a;nd regalatioi
shall be complied with
Upon requisition -.'
the Qovernor
nay issue
warrant to-Pottcx _-
*agistrntea. -
L Twee must- be, the production :ba£oize .the ~aystra£e of a valid
wa'rrant 4f . P~ nsi~f ex
_~rrest issued.by a Judge ox otlier,_compqtept lVZagstrate havIng au,fuaY
lt~y
wttbin the territ8rf;i~£ Macao.to take Gogmiazace oPt he ctnne,ch~r,~ede
and
:;o1eaxly searing, forth such APe
2. In- the case of a person accused ib.ut not coamoteet such mvidorice
shall, be tiddence, in cams
ofperson
produced to the Ma' wouldm his.'npmion justify the approhan:- a~a.,
s-ion o£ ,the- fugtipe ;if the erye:of Which he is accused had been coin.,
,mittedwithin.the ~urisdyt~on of th' 'Calouy; with this qualification th
at -.
copies of depositions sigue~qr fakeil~ before any such Judge or~
coxnpetentMs,gc'strate-its aforaid=aUil, authenticated -iu manner
lieiein:=--.
after,'may be rece'iwad in evidence of the 'criminality of the
fugitive:'
3. In't3ie case,of.ti l3erson.-convicted a copy of the,
conviotion:authei';ticated in
fnonyer hereinafter 7p,rovided,shall be-prodnced:.But-i£it.should appear
I:viaettae- in case
of a person eoff .:
vtcoed., . _
ORDINA\CC \o. 13.,.~0F 1870.
Ilongkong and Macao L'xtraditiom
that the conviction was pronounced. ill tlo absence of the accused for
i'oritumacy in not having surrenderod to take leis trial, the same
evidence
shell be produced to the D1anistrate as in the case of a person accused
but
net convicted.
rrootoetaanticy. 4. In overt' case proof of the identity of the fugitive
must 1>e given to the
satisfaction of the Magistrate.
Artlienttcatioq-
Warrants of arrest and copies of depositions, signed... of taken before
any
such Judge or other competent Magistrate, as,af n did; and copies of
convictions shall be received in evidence, if the wanaiit of arrest
purports
to be signed by such Judge or Magistrate and if the copies of depositions
purport to be certified under the Band of such Judge or Magistrate to be
true copies o£ the original depositions, and if the copy of the conviction
purport to be certified under the band of the Judge of the Court by which
the fugitive was convicted to be a true copy of the original conviction.
The signature of every such Judge or Magistrate and his authority to
take cognizance of the crime or ,offence charged, shall be sufficiently
poovod if the document purport to be sealed with the official seal of the
`Cloveruor.of Macao, and all Courts of Justice in this Colony shall, for
the
yuxposo of this Ordinance, take judicial notice of such soul, and shall
admi-t1116 - documents so authenticated by it to be received in evidences
without farther proof.
6. The original warrant of arrest and the copy of the depositions or as
'the
case may be the copy of the conviction shall be read to the fugitive, and
he shall be asked if ho has sang valid eause.te show why ho should not b©
committed to gaol to await the order of the Governor.,
If the fugitive shall fail to show cause to the satisfaction.oftle
Magistrate why
he should not be committed, and .iF the Magistrate stair be of opinion
that there is
i efficient ,prirnt. facie evidence to establish the criminality of the
fugitive, lie shall
rrovisoasEo :.~F 'COnnnit him to gaol those to await the order of the
Governor,. Provided always, and it
appal and writ _ . .
of Ha6_eaa ;.: y- liereby expressly enacted that before airy -suoh
cetnnnittal, the Magistrate shall inform
~lxa;fugitive that to period of fifteen days will be allowed hiai to
appeal to the Supreme
.Court. 'if he °ehall think fit; under section 7, or to apply for a writ
of Habeas Corpus.
nppeais to ` 7:1 ,Ordinance N6. 4 of 1858, as to appeals from the
decisions of Magistrates shall
SuPxana Court:
not apply to, proceedings under'this Ordinance,` but the following rules
as to appeals.
_ - shall be observed, that is to say :-
-appeniirorm 1. If the fugitive shall desire to appeal to the Supreme
Court against a.
6i gar of
ca~mittai: .Magistrate's eider of committal and shall notify such desire
to the.
Magistrate at any time before the expiration of fifteen days from the date
Appeal it0m - - - - of such order; or if the Attorney General shall desire
to appeal to the
order ofe. ' . ` Supremo Court against a Magistrate's order of discharge
of a fugitive and
ORDINANCE Nq.~'13 OF 1870.
Hongkong and .cifacao Extradition.
shall ratify such desire to 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 transmit forthwith to
'I'ransnilwon of
the Registrar of the Supreme Court, the depositions and all other
depositions,
documents relating to the case together with any statement in writing
which lie may think fit to annex in relation thereto.
'?. I£ the ;apiiiel shall be by the Attorney General against an order of
discharge,
sucljil~r shill be suspended until the conclusion of the appeal, and the
£ugilve''sliall be detained in custody until further ordor of
tiie:Maistrate,
or of the Supreme Court.
$. If the appeal shall be by a fugitive against an order of committal and
the rKthrtA appeal,
Magistrate shall have reason to believe that the appeal is merely
frivolous, by, fi'gicire.
he may reFuse.to grant the same. . '
In case the Magistrate shall refuse to grant au appeal to a fugitive on
the retitt°n for
ground that the same is frivolous, the Supreme Court mss, if it shall
think
fit, upon the fugitive's petition in writing, setting forth the grounds of
appeal, make an order directing the Magistrate to grant the appeal. '
5. The Magistrate shall,cause notice of his intention to discharge a
fugitive, Notices toCrohm
(otherwise than in pursuance of any decision of the Supreme Court,), and.
~°tt°t~°r~ .
also of any appeal Ly a fugitive against his committal, to be
servea-uppii',
the Crown ,Solicitor; and no fugitive shall, be ,discharged, by a
Magzsfia~te, . ~~
(otha»rwiso~thanvforesaidjyunless tli.e Attorney Gerieral shall have-13aa
a°
opportunity of'W in`itioii.thereto, and of diving
not<icen
appeal.
xaetitre t° -.
remain ii, -
4.
order of appeal,
G. Every appeal under this Ordinance may be heard in vacation and either
in
Court or in chambers and shall be set dawn for hearing on such early dtiy
and at such hour as the Chief Justice shall appoint,wotice whereof shall'
be given in writing by the Registrar to the Superintendent of, thevGaol,
who shall on the day and hour appointed bring the fugitive before the
Chief Jtistice; and err the heariug of the appeal the Chief SuAice may,,
-
if he shall think fit, receive, any new evidence arid' niay either affirm
or
reverse the decision :of the Xagistiate according as lie shall be of oi
piiiion
that there is, or is not, sufficient prirrxic facie evidence o£ the
orimin>ilitp
of the 'Fugitive orthat the ca-~tiotts and regulations of section 5 :have,
or have not, been eomplre!' ~/ h, and may order the fugitive to- be
committed to gaol or to be ` urged; as tie case may be, or make any
other order with respect to t(re';said matter as shall be requisite
tb:=the
due'adjudication thereof:
Proceedings on:
appeal.
$. The Magi'stra.te before whom a fugitive shall be brought under this
Ordinance
report to 7'
shall, at the conclusion of the case, send a report thereon to the
Governor. o°v®rmo,
'rhe Governor
may Issue order
of release.
ORDINANCE No, 13 'OF 18'l0.
f#eaTit of
eictradltion
warrant:
Custody and .
surrender of
Yugltlve.-
tttbvlsion as to
escape.
llonghong and 11acao Exiradition.
j shall he lawful for,the Governor if he shall in his discretion think
fits
'after the expiration of fifteen days from the date of -the committal of
a fugitive by a
Magistrate or, in case of any proceeding by appeal or writ of
Habeas'Corpus, then
subject to the decision of the Supreme Court thereon, and subject also to
the provisions
of sections 10 and 11 hereinafter contained, by warrant under his hand
and seal directed
to the Superintendent of the Gaol and hereinafter called an 'Extradition
Warrant' to
order the fugitive so committed to be delivered to such person as shall
by warrant under
the hand and seal of the Governor of Macao be authorized to receive him,
and such
fugitive. shall be delivered up accordingly; and it shall be lawful for
the person author-
ized as aforesaid to hold such fugitive in custody, and to convey him to
any place
within the territory of Macao, and if such fugitive shall escape out of
any custody to
which he shall be committed or to which-he shall be delivered as
aforesaid, it shall be
lawful to retake him in the same manner as any person accused of any
felony coin.
mittcd: within this Colony may be retaken upon an escape: Provided
always, that in
every case where before the expiration of the said period of fifteen
days, the order of
. committal shall have been affirmed on appeal or the fugitive shall have
applied for a
writ of Habeas Corpus, and shall have failed on the return thereof, to
obtain his die.
h'::chtttgc, it,shall be lawful for the Governor, in such discretion and
subject as aforesaid,
10. .No extradition warrant shall be granted by the Governor in any case
where in
Ills0p1inion 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.
11, No extradition warrant shall be granted by the Governor in respect of
any
fugitive who shall be undergoing any sentence of imprisonment pronounced
by any of
.the Courts of this Colony or shall be pharged with any crime or offence,
cognizable by
-she: said Courts until he expiration of such sentence or of any sentence
which may be
T;y)rat%otineed 'upon his trial for such .prime or offence or until his
acquittal or- the-
.:~tjri~dontnent of such charge.
`<' 't`f~, The Governor may at any time issue au order directed to the
Superintendent`
of'flie~Gaol for the release of any fugitive in 'bustody under this
Ordinance in respect of
`v~,h-oiu he shall riot think fit to issue an extradition warrant, and
thereupon such fu;itive
sha11'be forthwith discha.r;md from such custody.
apply to the
sup icErfie Court '
for his discharge
if n»tdeUpered
np within ry,
certain time,. .
Notice to be
liven to the,'
(:rowmSolicitor.
' 13. Where any fugitive who shtiXave been committed under this Ordinane%
.
shall not be delivered up pursuant thereto, and conveyed out of this
Colony within,:
one month after the date of such committal, it shah be lawfuhfdr the
Chief Justice at
any tithe upon application trade to him by or on behalf of the fugitive,
and upon its.
being proved to his satisfaction that reasonable notice of the intention
to make such=
applicttiou has been given to the Crotch Solicitor, to order the fugitive
so committed tb-
ORDINANCE No. -oF 1870.
Hongkong and Macao .Extradition.
he discharged out of custody, unless sufficient cause shall be shown to
him why such
discharge ought not to be ordered: Provided always that in every case
where such
fugitive shall have appealed to the Supreme Court or,sball have applied
for a writ of
Habeas Corpus the said period of one month 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 (late of the expiration of the
fugitive's
sentence or of his acquittal or of the abandonment bf the charge as
therein mentioned.
-14. It shall be lawful for :the Governor from time. to time by
proclamation in the
Gazette to .declare that any crime or offence .specified in such
proclamation, and not
included in the first schedule hereto shall form part thereof, and from
and after the
date of the publication of such proclamation, the several crimes and
offences specifie4
therein, shall come within the operation of this Ordinance as if the same
had been
originally included in the said schedule.
1'5, It shall be lawful for the Governor at any time by proclamation in
the Gazette
to declare that any crime or offence specified in the first schedule
hereto or which may
hereafter be added to the said schedule as hereinbefore provided, shall
no longer form
part thereof, and from and after the date of the publication of such
proclamation, such
crime or offence shall cease to come within the operation of this
Ordinance.
18. All expenses incident to the apprehension, detention, maintenance,
and Exponaeaof
oxtraditlon.
delivery of a fugitive ijnder this Ordinance, shall be borne by this
Colony.
17. If any action be brought against a 111agiatrate,, gaoler, officer .of
Police, :or,
any other person for anything done in obedience to any .warrant or order
issued under
the provisions of this Ordinance, the proof of such warrant or
order-sball'be a tufiidient
answer to such action, and the defendant or defendants on such proof ,as
aforesaid
shall be entitled to a verdict or judgment in his or their favor, And
shall also be entitled
to his or.t4eir full costs of suit.
Power to add to
the schedule
ofcrlmesand
offences.
Power to
expunge any
crime or offence -
from schedule.
18. This Ordinance shall commence and take effect when and so soon .'4s,
the
Governor shall, by proclamation in the Gazette, declare that.sufilcient
reciprocal
provision has been made by the Government of Macao for the .apprehension
-and
surrendero the Government of -Hongkong of offenders escaping to any place
within
the territory of Macao who may be charged with having committed within
this Colony,
any of the crimes or offenees.in respect of which a fugitive may be
surrendered under
this Ordinance.
19. No fugitive who may be surrendered by the Government of Macao to the
Government of Hongkong in pursuance of such reciprocal provision as
aforesaid~shall
be put upon his trial or detained within this ~Coiony for any crime other
than, the
particular crime for which he may have been surrendered, without
having.been pre-
Fiously-xestored or slaving had an opportunity of returning to the Colony
of -Macao.
20. The forms given in the second schedule to this Ordinance or forms to
the like,
effect, with such variations and additions as circumstances require, may
be used for the
This Ordinance
to commence
from pro
clamation of
reciprocal laws
of Macao.
Provision for
restoration of
fugitive after
trial.
Forms in
second schedule
may be need. -
ORDINANCE NO. 13 OF 1870.
Hongkong and Macao Extradition.
purposes therein indicated and instruments in those forms shall (as
regards the form
thereof) be valid and sufficient.
Proviso as to
repeal or
suspension of
Or$fnance, or
of ~ny part
thereof.
21. In case the Governor in Council shall deem it expedient that this
Ordinance or
any part thereof should be repealed or the operation thereof suspended
for any period,
or in case the Governor of Macao shall notify to the Governor of this
Colony his desire,
to repeal or suspend for any period such reciprocal provision as
aforesaid, or any part
thereof, it shall be lawful for the Governor of this Colony by
proclamation in the
Gazette to declare that thin Ordinance or any part thereof shall be
suspended in its
operation for any period, or that the same is repealed, and from the date
of the publica-
tion of such proclamation in the Gazette, the said Ordinance or such part
thereof as
may be specified in the proclamation shall be deemed to be suspended or
repealed
accordingly.
FIRST SCHEDULE.
LIST Or CRIMES AND OFFENCES.
The following list of crimes and offences is to be construed according to
the law existing in the
Colony of Hongkong, at the date of the alleged crime or offence, whether
by common law or by Imperial
Statute or, Local Ordinance made before or after the passing of this
Ordinance.
Murder, and attempt and conspiracy to murder.
Manslaughter.
Wounding with intent to do grievous bodily harm.
Counterfeiting and altering money and uttering counterfeit or altered
money.
Forgery, counterfeiting, and altering, and uttering what is forged-or
counterfeited or altered.
Embezzlement and larceny.
Unlawfully receiving stolen property.
Obtaining money or goods by false pretences.
Crimes by bankrupts against bankruptcy law.
Fraud by a bailee, banker, agent, factor, trustee, or director, or
member, or public Acer, of any
company made criminal by any law for the time being in force.
.. - 'Rake. .
r Abduction, or forcible taking or detention.
Child stealing.
Burglary and housebreaking.
Arson.
Robbery with violence.
Threats by letter or otherwise with intent to extort.
A
Piracy by law of nations, or municipal law.
Sinking or destroying a vessel at sea, or attempting or conspiring to do
so.
Assaults on board a ship on the high seas with intent to destroy life or
to do grievous bodily harm
Revolt or conspiracy to revolt by two-or more persons on board a ship on
the high seas against. the
authority of the master.
Desertion from the Naval; Military, or Police Forces.
ORDINANCR.No. 13.ar 1870.
Hongkong and Macao Extradition.
SECOND SCHEDULE.
FORMS.
(Governor's 1larran.t to hfagistrates.)
'THE, HONGKONG AND MACAO EXTRADITION ORDINANCE.'
By His Excellency
dependencies.
To:'.'., Police Magistrates.
Whereas requisition has been duly made to me pursuant to the above
Ordinance for the surrender
now in this Colony charged with having committed,the crime of,
within the territory of Macao and with being a fugitive from justice.
You are hereby required to govern yourselves accoiclingly and to aid in
apprehending the said
fugitive and in committing him to Gaol for the. purpose of his being
delivered up to justice according
to the pyovisious of the said Ordinance and for so doing this shall be
your warrant.
Given under my hand and seal at Victoria, Hongkong, this day of , 18
of one
Governor and Commander-in-Chief of this Colony and its
By Order,
Colonial Secretary.
Warrant of Apprelcension.)
Governor, y4
THE HONGKONG AND MACAO EXTRADITIO14 ORDINANCE.'
If 8nghong ~ To all and each of the constables of the Hongkong Police.
Force.
to wit.
Whereas His Excellency
Governor and Commander-in-Chief of this Colony and its
dependencies, by warrant under his hand and seal has signified that
pursuant to the above ;Ordinance,
requisition has been duly made to him for delivering up to justice one
now in this Colony charged with having committed the crime of -
-within the territory of Macao and with being a fugitive from justice
and, has required the Police
Magistrates to. govern themselves accordingly and to aid in apprehending
the said fugitive.
This is therefore to command you in Her Majesty's name forthwith to
apprehend the said fugitive
pursuant to the said Ordinance wherever he may be found in this Colony
and bring him before me or
any other Police Magistrate sitting in this Court to answer unto the said
charge an -1 for which this shall
be your warrant.
Given under my hand and seal at the Magistrates' Court of this Colony this
. day of in the year of our Lord, 18 .
L. S.
Police Magistrate.
ORDINA9-GE No. 13, or 1870.
To the Superintendent of Victoria Gaal.
Whereas His Excellency
Flmgkong arid Macao' Extradition:
(Order to Superintendent of Cfaol to brim z<p prisoner.)
'THE HONGKONG AND MACAO EXTRADITION ORDINANCE.'
Governor and Commander-in-Chief of this Colony and its
depdndericiosby warrant under his hand and seal has signified that
pursuant to the above Ordinance,
requisition has been duly made to him for delivering up to justice, one
charged with having committed the crime of
within the territory of Macao
and with being a. fugitive from justice and has directed the Police
Magistrates to govern themselves
accordingly for the purpose, of such fugitive being delivered up to
justice .under the provisions of. the
said Ordinance;
And whereas the said fugitive is now detained in Victoria Gaol under your
custody;
You are hereby ordered to bring up the said
Police Magistrate sitting in this Court to be dealt with as provided by
law.
Given under my hand and seal this day of
Court of this Colony,
4
(.Warrant of Committal.)
THE HONGKONG AND MACAO EXTRADITION ORDINANCE.'
forthwith before me or any ojlser
18 , at the Magistrates'
.Police Magistrate.
Hongkong To
to wit. ~ one of the Constables of the Hongkong Police Force, and to the
Superintendent of VictJIia
Gaol.
Whereas on the day of in the year of our Lord 18
'. late of
was brought before me
one of the Police Magistrates sitting at the Magistrates' Court, of
this Colony charged with having committed on the day of 1-8 .
within. the territory of Macao the crime of and with being a fugitive from
justipe ;
- And whereas the evidence which has been shown to me of the criminality
of thesaid
., a
is in my opinion sufficient to justify his committal to gaol pursuant ho .
section 6 of the above Ordinance;
This is therefore to command you the said constable in Her Majesty's name
forthwith to, convey and;,
deliver the body of the said into the custody of the said
5uperintenilent''-
of Victoria Gaol; and you the said Superintendent to receive the said
unto your custody is the said gaol and him there safely to keep~until he
shall be thence doliveiecl'
pursuant to the provisions of the said Ordinance for which this,shali be
your warrant.
Given under my hand and seal at Hongkong, this day of in
the year of our Lord, 18
L.B,
Police Magistrate.
on
ORDINIAXCE No: 13 of 1870:
Hbnghong and Macao Emtradit&ra:
(Petition of Fugitdroa for Order of Appeal.)
TIIG HONGKONG AND MACAO EXTRADITION ORDNANCE.'
To tlu: Ilanourable
Chief Justice.
The humble pAtion of
a prisoner in Victoria Gaol,
Showeth
1. That your petitioner was on the day of
instant, (or last,) Committed to gaol
by A. B., Esquire, .Police Magistrate, as a fugitive from justice, there
to await the oieler of His
Excellency the Governor, under the provisions of t'ne above Ordinance. .
2. That your petitioner has been advised (or believes) that the said
order of committal ought tc be
reversed on the folloAng-grounds that is to~ say:
`~ [State ()rounds.)
That your petitioner has given xuiticie to the Magistrate of his desire
to appeal against the sail
order, but the Magistrate has Cefnr.Zd to grant the said appeal.
Your petitioner therefore humbly prays that this Honourable Court will be
pleased to order
that the said appeal be granted.
And your petitioner will ever pray, &c., dc..
(Notices to the (frown Solioirnr of tlne Fhrgitize's Appeal or of the
MagiBtritte's .Intention
to-d*ohtti-Vge t-lteYWgdtive:)
'THE FIONGKONG AND MACAO EXTRADITION ,O&IXTNANOES'
To A. B., Esquire,
Crown Solicitor.
said
Whereas one
one of the Police Magistrates, charged with having on the day of
muted the crime of
with being a fugitive from justice;
has been brought before.A: B., Esquire,-
com-
within the territory of Macao and
And whereas, the evidence which has -been shown to. the said Magistrate
of the cximinality of the
is not ~in his opinion sufficient to justify his committal to gaol under
the
provisions of the above-mentioned Ordinance;
And whereas by reason thereof, the said-Magistrate intends to make an
!order for his -discharge
nest, the day of at the hour of
And whereas the said :Magistrate has ordered the committal of the said
fugitive to gaol under the
provisions of the above-mentioned Ordinance;
And whereas the said -fugitive has appealed against the said order of
committal;
This is therefore to give you notice of such intended order (m appeal)
pursuant to section 7 of the
aid Ordinance.
Dated the day of
llagiatrate's C'Irrla:
ORDINANCE No. 13 or 1810.
.Flongkong and Macao Extradition.
Hongkong ~ To
to wit. J
(tllagiatrate'a Order of Dixclaarge.)
TILE HONGKONG AND MACAO EXTRADITION ORDINANCE.'
Superintendent of Victoria Gaol.
Whereas on the day [or days] of ~ in the year of our
Lord 18 and late of
was brought before me
one of the Police Magistrates sitting at the Magistrates' Court of this
Colony
Charged with having committed on the day of
of Macao,the crime of
18 ` within the territory
and with being a fugit v c from justice ; and whereas the evidence which
has been
shown to me, of the criminality of the said , is not in my opinion
sufficient to justify his
committal to gaol pursuant to section fi of the above Ordinance;
You are hereby ordered to discharge the said
from your custody in the said gaol under the said Ordinance, fir which
this shall be your warrant.
Given under my hand at Hongkong, this day of
Lord 18
By His Excellency
its dependencies.
2b the,Suporintemdciat of Victoria Gaol.
Whereap on the day of
in the year of our
(Governor's Extradition Warrant.)
THE HONGKONG AND MACAO EXTRADITION ORDINANCE.'
Police :Kagistrate.
Governor and Commander-in-Chief of this Colony and
18 ,one
to .gaol as.a fugitive under the provisions of the above Ordinance.
.:,, Arieh,whereas the said
custody under the said committal.
was committed
is now in Victoria Gaol in your
And whereas it_ihas been determined that the said fugitive shall
besnrrendered to the Government
of Macao.
_ You are hereby ordered to deliver the said
. unto
being the person duly authorized by the Government of Macao to receive
the said fugitive and to convey
him within the territory of Macao and for so doing this shall be your
warrant. '
Given under my hand and seal at Hongkong; this day of 18
Bp Order, ~ ~ Governor, *c.
Colonial Secretary.
No. 13 of 1870.
Hongkong and Macao Extradition.
9.
(Governor's Order of Release.)
THE HONGKONG AND MACAO EXTRADITION ORDINANCE.'
By His Excellency
its dependencies.
To the Superintendent of Victoria Gaol.
Whereas one
Governor and Commander-in-Chief of this Colony and
is now in your custody as
a fugitive under the provisions of the above Ordinance.
And whereas it has been a;termine 1 that no extradition warrant shall be
granted in repect or the
said fugitive.
You arc hereby ordered to release the said
under the said Ordinance.
r Given under my hand at Victoria, Hongkong, this
13y Order,
Colonial Secretary:
from custody
day of 18
Uorcrnur, A-e.
,Confirmation proclaimed 26th June, 1871, subject to the Ordinance taking
effect on
Proclamation by the Governor that a reciprocal measure had been passed
by the Macao Government: 'no record of any such proclamation;
repealed by Ordinance No. 4 of r887.]
1066
Title.
Preamble.
Short title.
1067
Interpretation.
Upon requisition the Governor may issue warrant to Police Magistrates.
Warrant or order of Magistrate.
Proceedings before the Magistrate.
Production of warrant of arrest.
Evidence in case of person accused.
Evidence in case of a person convicted.
1068
Proof of identity.
Authentication of documents.
Documents to be read to the fugitive who must be asked to show cause.
Committal.
Proviso as to appeal and writ of Habeas Corpus.
Appeals to Supreme Court.
Appeal from order of committal.
Appeal from order of discharge.
1069
Transmission of depositions, &c.
Fugitive to remain in custody.
Frivoious appeal by fugitive.
Petition for order of appeal.
Notices to Crown Solicitor.
Proceeddings on appeal.
Magistrate's report to Governor.
1070
Grant of extradition warrant.
Custody and surrender of fugitive.
Provision as to escape.
Political offences.
Where fugitive is undergoing sentence in this Colony.
The Governor may issue order of release.
Fugitive may apply to the Supreme Court for his discharge if not delivered up within a certain time.
Notice to be given to the Crown Solicitor.
1071
Power to add to the schedule of crimes and offences.
Power to expunge any crime or offence from schedule.
Expenses of extradition.
Protection to Magistrate, gaoler, &c. acting under warrant.
This Ordinance to commence from proclamation of reciprocal laws of Macao.
Provison for restration of fugitive after trail.
Forms in second schedule may be used.
1072
Proviso as to repeal or suspension of Ordinance, or of any part thereof.
1077
Abstract
1066
Title.
Preamble.
Short title.
1067
Interpretation.
Upon requisition the Governor may issue warrant to Police Magistrates.
Warrant or order of Magistrate.
Proceedings before the Magistrate.
Production of warrant of arrest.
Evidence in case of person accused.
Evidence in case of a person convicted.
1068
Proof of identity.
Authentication of documents.
Documents to be read to the fugitive who must be asked to show cause.
Committal.
Proviso as to appeal and writ of Habeas Corpus.
Appeals to Supreme Court.
Appeal from order of committal.
Appeal from order of discharge.
1069
Transmission of depositions, &c.
Fugitive to remain in custody.
Frivoious appeal by fugitive.
Petition for order of appeal.
Notices to Crown Solicitor.
Proceeddings on appeal.
Magistrate's report to Governor.
1070
Grant of extradition warrant.
Custody and surrender of fugitive.
Provision as to escape.
Political offences.
Where fugitive is undergoing sentence in this Colony.
The Governor may issue order of release.
Fugitive may apply to the Supreme Court for his discharge if not delivered up within a certain time.
Notice to be given to the Crown Solicitor.
1071
Power to add to the schedule of crimes and offences.
Power to expunge any crime or offence from schedule.
Expenses of extradition.
Protection to Magistrate, gaoler, &c. acting under warrant.
This Ordinance to commence from proclamation of reciprocal laws of Macao.
Provison for restration of fugitive after trail.
Forms in second schedule may be used.
1072
Proviso as to repeal or suspension of Ordinance, or of any part thereof.
1077
Title.
Preamble.
Short title.
1067
Interpretation.
Upon requisition the Governor may issue warrant to Police Magistrates.
Warrant or order of Magistrate.
Proceedings before the Magistrate.
Production of warrant of arrest.
Evidence in case of person accused.
Evidence in case of a person convicted.
1068
Proof of identity.
Authentication of documents.
Documents to be read to the fugitive who must be asked to show cause.
Committal.
Proviso as to appeal and writ of Habeas Corpus.
Appeals to Supreme Court.
Appeal from order of committal.
Appeal from order of discharge.
1069
Transmission of depositions, &c.
Fugitive to remain in custody.
Frivoious appeal by fugitive.
Petition for order of appeal.
Notices to Crown Solicitor.
Proceeddings on appeal.
Magistrate's report to Governor.
1070
Grant of extradition warrant.
Custody and surrender of fugitive.
Provision as to escape.
Political offences.
Where fugitive is undergoing sentence in this Colony.
The Governor may issue order of release.
Fugitive may apply to the Supreme Court for his discharge if not delivered up within a certain time.
Notice to be given to the Crown Solicitor.
1071
Power to add to the schedule of crimes and offences.
Power to expunge any crime or offence from schedule.
Expenses of extradition.
Protection to Magistrate, gaoler, &c. acting under warrant.
This Ordinance to commence from proclamation of reciprocal laws of Macao.
Provison for restration of fugitive after trail.
Forms in second schedule may be used.
1072
Proviso as to repeal or suspension of Ordinance, or of any part thereof.
1077
Identifier
https://oelawhk.lib.hku.hk/items/show/282
Edition
1890
Volume
v2
Cap / Ordinance No.
No. 13 of 1870
Number of Pages
12
Files
Collection
Historical Laws of Hong Kong Online
Citation
“HONGKONG AND MACAO EXTRADITION ORDINANCE,” Historical Laws of Hong Kong Online, accessed February 24, 2025, https://oelawhk.lib.hku.hk/items/show/282.
