MACAO EXTRADITION ORDINANCE, 1881
Title
MACAO EXTRADITION ORDINANCE, 1881
Description
Macao Extradition.
No. 1 of 1881.
An Ordinance entitled ' The Macao Extradition Ordinance,
1881.'
[14th March, 1881.]
WHEREAS persons who have committed certain crimes within thc'.
territory of Macao may escape to this Colony and it is expedient
to provide for the apprehension of such fugitives from. justice and for.
their surrender to the Government of Macao in order that they may be
dealt with accordi»g to law: BE it enacted by the Governor of Hong-
kong; with the .advice of the Legislative Council thereof, as follows :----
h. This Ordinance may be cited as ' The .Macao Extradition Ordi-. snort.
title.
Dance,- 1881.'
ORDINANCE No. 1 of 1881.
Macao Extradition.
Interpreta-
2. In the interpretation of this Ordinance, the expression 'Governor
of Macao' shall include the person for the time being administering
the Government of Macao.
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 expression ' Superintendent of the: Gaol ' shall mean the-
- superintendent of Victoria Gaol or the keeper of any* prison.
or place of custody' for criminals within this Colony.
upoa requib;_ 3. In case requisition is at any time made by the Governor of
c~e ~QTmay. Macao to the Governor of the Colony to deliver up to justice
any person
issue waiTant
who, berg accused or convicted of any of the crimes and offences.
specified
Ma°`stratc' . ! in the first schedule of this Ordinance, and alleged to
have been com-~
rriitted either before or after the passing of this Ordinance within the
territory of Macao, has taken refine within this Colony, the Governor
of this Colony may, if he in his discretion thinks fit, by warrant under
his . band . and seal signify that such reqnisitiQn a~as bean made; .
and.,
reqire~the Police Magistrates to govern thennselves accblidingly end-to
j , old in -apprehending the person so accused ar, convicted;, arid
hereinafter-:
refereed Was the fugitive.
F 9E. Upon the issue of such errant any Polio: Magistrate may ,due
~~a~x
rrant or
ray
~~,~;~t~,~, . his', warrant for the apprehension of the fugitive, and if
he be already
custody, 'issue an order to the Superintendent of the Gaol. forthwth,''to~
bring the fubitive before him to be dealt with :in manner laereinafter
provided.
=Procings.r~ ~ 5~ If the fugitive be apprehended, or if he be already in
custody; he~
befoirp~e
, -= shall be brought forthwith before the Magistrate, and the following
;conditions and rebulations shall be complied with:
prod-action Of,
warrant o
x crest.
1. There must be the production before the Magistrate of a.
valid . v-arrant of arrest issued by a Judge or other com-
petent Magistrate having authority with%n the territory
of Macao to take cognizance of the crime charged, and.
clearly setting forth such crime.
In the case of a, person accused but not convicted, ',,such
evidence shall be prod eced.,to he Magistrate as would in.
his opinion justify the apprehension of the .fugWve if the
crime of which he is accused had been committed within
ORDINANCE No. I of 188,1.
Macao .extradition.
the jurisdiction of this Colony, with this qualification;--
that copies of depositions signed or taken before any such
Judge or other competent Magistrate as aforesaid and
authenticated in manner . hereinafter provided may be
received in evidence of the criminality of the fugitive. .
3. In the case of a person. convicted, a copy of the conviction, Evidence
iii
case of u,
authenticated in manner hereinafter provided, shall be peon con-
produced: But if it should ~ appear that the conviction victed.
was pronounced in the absence o£ the accused for con-
tumacy in not having surrendered to take his trial, the
same evidence shall be produced to the Magistrate as in
the case of a person accused but not convicted..
4. In every case proof of the identity of the fugitive must be Proof
identity.
graven to the satisfaction of the Magistrate.
5. Warrants of arrest arid copies of depositions, signed or taken
Autheatica-
tion of doc.u--
before any such Judge or other competent Magistrate, as menu.
aforesaid; end copies of convictions, shall be received in
~evidence, :if the warrant of arrest purports 'to be signed by
Such ~Judge or Atagistrate and if the copies of depositions
pu rlaort to be certid.ed under the hand of such Judge or
Magistrate to be true copies of the original depositions, and.
if the copy of the conviction purport to be certified} under
the hand 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 21Ia,gistra,te and his
authority to take cognizance of the crime or offence charged,
shall be sufficiently proved if the document purport to be,
,sealed with the official seal of the Governor 'of Maaao, and
all Courts of Justice in this Colony shall, for the purpose
of this Ordinance, take judicial notice of such seal, and
shall admit the documents so authenticated by it to be
received in evidence without further proof.
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 he has any
valid cause to show 'why he should not be committed to
gaol, to await the order of the Governor in Council.
Documents tar
be read. to the
`fugitive;: who
must. be,:Zd
to show cause.
0ommittal.
ORDINANCE No. I of 1881.
Macao Exti-adition.
B. 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 prima facie evidence to establish the
criminality of the fugitive, he shall commit him to gaol, there to wait
Proviso as to the order of .the Governor in Council : Provided, that
before any such
writ .committal, the Magistrate shall inform the fugitive that a period of
fifteen
cn~yux.
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 185$ as to appeals from the decisions of
Magistrates
Supreme
shall not apply to proceedings under this Ordinance, but the following
rules as to appeals shall be observed, that is to say:
--
Appeal from.
order of
Committal.
Appeal. from
-order of
>~of depositions;
1e
''MaInIn
l.~'rivolous
appeal by
fi'ugitice, -
Petitiori for
order of
1. If the fugitive desires to appeal to the Supreme Court against
a 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
order of discharge of a .fugitive and notifies such desires 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 the Registrar of the Supxeme Court
the depositions and all other documents relating to .the
case, together with any statement in writing which he nay
think fit to annex in relation thereto.
2. If the appeal is by the Attorney General against an order of
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.
3. If the appeal is by a fugitive against an order of committal
and the Magistrate has reason to believe that the appeal is
merely frivolous, he nuay, refuse to grant the same: _
4~ In case the Magistrate refuses to grant an appeal.. to a fugitive
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.
ORDINA\.'CIJ No. 1 or, 1881.
Macao Extradition.
5. The Magistrate shall cause notice of his intention to discharge .
Notices to
Grown
a fugitive (otherwise than in pursuance of any decision 'of. Solicitor.
the Supreme Court), and also of any appeal by a fugitive
against his committal, to be served upon the Crown
Solicitor, and no fugitive shall be discharged by a Magistrate
(otherwise than aforesaid), unless the Attorney General has
had an opportunity of being heard in opposition thereto,
and of giving notice of appeal.
Every appeal under this Ordinance may be heard in vacation
ana either in Court or in Chambers, and shall be set down
for hearing on such early day and at such hour as the
Chief Justice appoints, notice whereof shall be given. in
writing by the Registrar to the Superintendent of the Gaol,
who shall on the day and hour appointed bring the fugitive
before the Chief Justice; and on the hearing of the appal:
the Chief Justice may, if he thinks fit, .receive any new
evidence and may either affirm or reverse the decision of
the Magistrute according as the is of opinion that there is~
or is not, sufficient pnimd facie evidence of the criminality
of the fugitive or that the conditions and regulations of
section 5 have, or have not, been complied with, and may
order the fUaltlVe to be committed to gaol or to be dis-
charged, as the case may be; or make any other order with.
respect to the said matter as' may be requisite to the due
adjudication thereof.
6.
8. The Magistrate before whom a fuoitive is brought under this
Ordinance shall, at the conclusion of the case, send a report thereon to
the Governor.
9. It shall be lawful for the Governor in Council, if in the discretion
of the Governor in Council it seems fit, `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 1C? and 11 hereinafter contained, by order directed to the
Superintendent of the Gaol and hereinafter called an 'Extradition Order'
to.order the fugitive so committed to be delivered to such person as shall
Proceeding,.
on appeal.
Magistrate'a-
report to
Governor.
Grant of
extradition
warratt-t.
a t 4 ORDINANCE 11'0. 1 0F 11.
Macao Extradition.
Custody
and by warrant under the hand and seal of the Governor of Macao be
authorized
.surreuder of
fugitive. to receive hirn, ' and such fugitive shall be delivered up
accordingly ;and
the person authorized as aforesaid may hold such fugitive in custody, and
convey him to any place within the territory of Macao, and if such
Provision as fugitive escapes out of any custody-to which he is committed
or to which
to escape.
he is delivered as aforesaid, it shall be lawful to retake him in the same
. manner as any person accused of any felony committed within this Colony
may be retaken upon an escape: Provided that in every case where before
the expiration of the said period .of fifteen days the order of committal
has
been affirmed on appeal or the fugitive has applied for a writ of habeas
corpus, and has failed on the return thereof to obtain his discharge, it
shall be lawful for the Governor in Council in such discretion and subject
as aforesaid, to grant an extradition order without further delay.
Political 10. No extradition order shall be granted by the Governor in
Council
'Offences. in any case where in the opinion of the Governor iii Council
the requisi-
tion 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,grcu,d
E
before any Judge, or Mabistrate, and any attempt against the life e :df
the
501.
Governor or of any public officer or member of the Government of Macao
shall not be deemed a political offence:
Where fugi- 11. No extradition order shall be granted by the Governor in
Council
tye is under-
, - .
~o~g sq»ten. in respect of any fugitive who is undergoing any sentence
'of -imprison-
RI;
R~hx~ . v -
ooloV b Pent pronounced. by any of the Courts of this Colony, or who is
charged
with any crime or offence cognizable by the said Courts, until the eRpira-
tion or previous determination of such sentence or of any sentence which
may be pronounced upon his trial for such crime or` ofhenee, or until hip
~cduittal,or the abandonment of such charge.
3
'-i'i~e odvexn~ -12: .The Governor in Council may at any time issue an
order directed
may issue : '~ 't
order of- . ~r~ the _Sup' of the Gaol for the release of any fugitive in
custody
release. ,~kj~der this ;Ordinance in respect of whom the Governor in
Council does
nthink fit to issue an extradition warrant, and thereupon such fugitive
shalibe forthwith discharged from such custody.
F
a Irtl~o the y 13. Where an fugitive who has been committed under this Ordi=
8
u p eme nance is not delivered, u ursuant thereto and convey ded out of
this.Colon.
Court for- his . p p ~ y
.~isebarge if within one month after the date of such committal, the
Chief Justice map
ORDINANCE No. i of 1881.
Macao Extradition.
.at any time, upon applicatiomnade to him by or on behalf of the fugitive,
and upon its being proved to his satisfaction that reasonable notice of
the
'intention to male such, application has been given to the 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 has appealed to
the `Supreme Court or has applied for a writ of laabeas corpus the said
,period o 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 date of the expiration of
the fugitive's sentence or of his acquittal or of the abandonment of the
charge as therein mentioned.
14. The Governor in Council may, from time to time, by order to be
published in the Gazette, declare that any crime or offence spQcified.in
such order, anal not included in the first schedule hereto,, shall form
part
thereof, and from and after the date of the publication of such order, the
aeverrk..qrimes and offences specified therein shall came within the
opera-
tion of kais ordinance as °i,included in
the
*,aid schedule.
not delivered
upvvithan a
certain time.
Notice to he
given U> the
Crown
Solicitor.
PONVC:x' to add
to, the sche-
dule of crimes
arid aftnee,,
15The Governor in Council may at any time by order to be
~pI ubIished ire the Gazette, declared that any crime or offence
specified in
the fiirst 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 order, such criine or
offence shall cease to come within the operation of this Ordinance.
. 16. All expenses incident to the apprehension, detention, mainte-
nance, arid delivery of a fugitive under this Ordinance, shall be borne by
this Colony.
17. If any action be brought against a Magistrate,. gaoler, officer of
Polices 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 shall be a sufficient answer to such action, and the
defendant or defendants an, such proof as aforesaid shall be entitled to a
verdict or judgment in his or their favour, and shall also be entitled to
Lis ctheir full costs of suit..
Power -to ex-
punge any
grime or
oftence from
schedule.
Expenses of
extradition.
Protection 0
Magistrate,
acting unc;lea
warrant.
ORDINANCE No. I of 1881.
Macao Extradition.
Forms in 1$, The forms given in the second schedule to this Ordinance or-
-,(We sc;he-
(We nxa.~ire forms to the. .like effect, with such variations and
additions. as circums-.
USA
tances require, may be used for the purposes therein indicated, and
instru-
ments in those forms shall (as regards the form thereof) be valid
an~lsufficient.
.Proviso as to -19; In case the Governor in Council shall deem it
expedient that
oepeal or,
suspension of this Ordinance or any part thereof should be repealed, or
the operation
orc'linance, or .
«F a~.ypart thereof suspended for any period, it, shall be lawful for the
Governor- of
thereof. this Colony by proclamation in the Gazette, to declare that this
Ordinance
or any part thereof shall be s,pspended in its operation for any period,
or
that the same is repealed, and from the date of the publication 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 on
repealed accordingly.
FIRST SCHEDULE.
LIST of CRIMES AD 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 ox
otlence, whether
by common laic or by Imperial Statute or local Ordinance made before or
after the
passing of this Ordinance.
Murder, and attempt and conspiracy to murder.
Manslaughter.
=Woundinb with intent to do grievous bodily harm.
Counterfeiting and altering money and uttering counterfeit or altered
money.
Porge s forged or counterfeited
ry, counterfeiting, and altering, and uttering what i
.i~':altered.
EnEibezz3ement and larceny.
Unlawfully receiving stolen property.
Obtaining money or goods by false pretends.
Crimes by bankrupts against bankruptcy law.
Fraud by a bailee, banker, agent, factor, trustee, or director, or
member; or, public
officer of any company made criminal by any law for the time being in
force.
Rape.
Abduction, or forcible taking or detention. s
Child-stealing.
ORDINANCE No. 1 of 138I.-
Macao Extradition.
Burglary and house-breaking.
Arson.
Robbery with violence.
Threats by letter or otherwise with int6ut to extort.
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 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
Icy His Excellency
this Colony and its dependencies.
To.
the naval, military or police force,
SECOND S.CHEDUI,E.
FORMS.
(GQVernor's warrant to Magistrates)
TgE MACAO EXTRADITION 4RnrNA~ '~Ba 1881.'
Governor and Commander-in-Chic;f ofC
Police Magistrates.
Whereas requisition has been duly made to me pursuant to the above
Ordinance
for the surrender of one
committed the crime of
being a fugitive from justice;
You are hereby required to govern yourselves accordingly, and to aid in
apprehend-
ing to said fugitive and in committing him to gaol for the purpose of his
being
delivered up to justice according to the provisions of the said
Ordinance, and for so
doing this shall be your warrant.
'riven under -my hand and seal at Victoria, Hongkong, this day of
18
now in this Colony; charged with having
within the territory, of Macao 'and with
By order,
Cotcnial Secretary.
L. S.
Governor, drc.
-ORDINANCE No: 1 of , 1881.
Macao .Extradition.
(Warrant of apprehension.)
THE MACAO EXTRADITION ORDINANCE, 1881.'
Hongkong~
To all and each of the constables of the Flongkong Police Force.
to wit.
Whereas His Excellency
Governor and Commander-in-Chief of thi's Colony and it&.
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 them-
salves accordingly and to aid in apprehending the said fugitive;
This is therefore to command you in Her Majesty's name forthwith to
apprehendy
the said fugitive pursuant to the said Ordinance wherever 'he may be
,fpund in. thiep
Colony and bring him before me or any other Police Magistrate, sitting in
this -Lourt to
answer unt.a the said charge;; and for which this shall be your warr,snt-
Gven under my ,hand and seal at the Magistrates'' Court of : this Colon,
:'this
day of in the-y' ar of our hold, 1$ _
_ , -police D2`' ~r~te.
(Order to Superintendent of. gaol to bring up prisoner
THE MACAO EXTRADITION ORDINANCE, ISSI.'
Tthe S'uperiMendent of Victoria Gaol,
Whereas His Excellency
Governor and Commander-in-Chief of this Colony
arid its deyeiiddncies, by warrant under his hand and seal has signified
that pusuunt-
tca the .~ above Ordinance, requisition has been duly made to him for
delivering up to,
jusihiea 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;
ORDINANCE No ~.r oF4881.
4l facao ~Extrad anon.
You are hereby ordered to bring up the said
forthwith before me or any other Police Magistrate
sitting in this Court to be dealt with as provided-by law.
Given under ~'my-hand.and.eeal, this ..day of
Magistrates' Court of this Colonv.
(Warrant of Committal)
THE MACAO E%TRA.DITION ORDINANCE, 1H$ l.'
Hongkong To
to wit.
r 1$ , at the
L.S.
one of the constables of the Hongkong Police Force, and to the Superin-
tendent of Victoria Gaol.
'Whereas on the day of # in tie year of out Lord 18
ray broughtvbefore me
one of the Polite lkta&trates sitting at the Magis-
trates' Court of this Colony, charged with having -committed on,,the day
of
I$ , within the territory of Macao, the crime of
and with being a fugitive from justice;
And whereas the evidence which has been shown to me of the criminality of
the
said
is, in my opinion, sufficient to, justify his committal to gaol, pursuant
to section 6',of
the above Ordinance;
This is therefore to command you the said constable in Her .Majesty's
name forth-
with to convey and deliver the body of the said
into the custody of the said Suherintendeut of Victoria Gaol; and you the
said Super-
intendent to receive the said
into your custody, in the said gaol and him .there safely to peep until
he shall ~be
thence delivered, pursuant to the provisions of the said Ordinance, for
which this shall
be your warrant.
Given under my hand and seal at Hongkong, this
in the year of our.Lord, 1$
day of
L. S.
Police ltlagistrate.
ORDINANCE No. I of 188 .
Macao, ~Extradition.
J,
(Petition of fugitive for order of appeal.)
' TIE MACAO EXTRIDITION ORDINANCE, 1881.'
~ t
To the Honourable
Chief Justice.
The humble petition of _
a prisoner in Victoria Gi-aol,-
Showeth:
1. That your petitioner was on the ': day of instant, [or last] com-
mitted to gaol by A. B., Esquire, Police Magistrate, as a fugitive from
justice,
there to await the order of His Excellency the Governor, under the
provisions of
the above Ordinance.
2. That your petitioner has been advised [or believes] that the said
order of comrhittal
ought to be reversed on the following grounds, that is to say : ,
,. , - [State Ground8.1.
3. That your petitioner has given notice to the Ma,gistrate of his desire
toppoal
against the said order; but the Magistrate bas refused to grant the said
appal.
Your petitioner therefore bumbly prays that'ihis Hobourable Court w'ill be
. pleased to order t'hlt, the said appeal be granted, e
And -:your .petitioner will ever pray, &c., &c.
(Notices, to the` Cro2cn Solicitor of the fuyztive's aFpeal or of the
Magistrate's
intention to discharye the fugitive.)
To A: .8., Esquire,
Crown Solicitor.
' TtI'E MACAO EXTRADITION ORDINANCE, 1$$1.'
Whereas one has been brought befare A.. B.,
Esquire, one of- the Police Magistrates, charged with having on the day of
committed the crime of within the territory of Macao
and with being a fugitive from justice;
ORDINANCE NO.- 1 OF 1881.
Macao Extradition.
And whereas the evidence which has been shown to the said Magistrate of
the
criminality of the said
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 on next, the day of at the hour of
CQr1
' And whereas the did 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 agaipst'the said order of
committal;
This is therefore to give you notice of such intended order [or appeal]
pursuant
to section 7 of the said Ordinance.
Dated the day of - 18
1 *1 _lltrgistrate~s Clerk.
(Magistrate's Order of Discia'arge.)
(ACA.O EXTRADITION-ORDTSA.NCR, 1851.'
HoligIong
t TO
to wit.
Superintendent of Victoria Gay
Whereas on the. day [or days] of in the year of our Lord,
6
18 one late of was brought before me
one of the Police`Maxistrates sitting at the Magistrates' Court of this
Colony,.
charged with having -committed on the
within the territory of Macao, the crime of
.
justice;,
And whereas the evidence which has been shown, to me of the criuninality
of the
said is not, in my opinion, sufficient to justify his committal to gaol,.
pursuant to section 6 of the above Ordinance;
You are hereby ordered to .discharge the said from your custody in
the said gaol under the said Ordinance, for which this shall be your
warrant.
Given under my band at Hongkong, this day of in the
year of our. Lord 18
day of li 18
and with being a fugitive frobi
L.S.
Poldee .'flagistrate.
OR DINANGB'No~ 1,4.
Macao Extradition. -
(Extradition Order of Governor in Council.)
'THE MACAO EXTRADITION ORDINANCE, IgHl.'
n
(Order by the Governor in Council.)
2'a the Superintendent of Victoria Gaol.
Whereas on the day of '18 ,` one was
committed to gaol as a'fugitive under the provisions of the above
Ordinance;
And whereas the said is now in Victoria, gaol in your custodyundei
the said committal; . - _
And whereas it has been determined that the said fugitive shall be
surrendered
to the Government of Macao;
You are hereby ordered to deliver the said unto . being
the person duly authorized by the Gowernrnent 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.
Approved iutouucil.
Clerk efi Councils.
9:
(Governor's order of release.)
THE MACAO EXTItADITION ORDINANCE, 181.'
®rtirt?.nor, 4-
By His Excellency.
Governor and Coin mander-in-Ghief of this Colony and its dependencies.
!'a- he:Su
perintendent of Victoria Gaol.
- Whereas one is now in your custody. as a fugitive under the
p~qvsions of the above Ordinance;
And whereas it has been determined that no extradition order shall be
granted in
$Peere t of the said fugitive;
r `°You are hereby . ordered to. release the. .said from custody under the
said Ordiuabce. .
Glive.n under my, hand at' Victoria;:Hongkong; this. day- of,
ulo-raiul Sccretuq.
1569
Title.
Preamble.
Short title.
1570
Interpretation.
Upon requisition the Governor may issue warrant to Police Magistrate.
Warrant or order of Magistrates.
Proceedings before the Magistrate.
Production of warrant of arrest.
Evidence in case of person accused.
1571
Evidence in case of a person convicted.
Proof of identity.
Authentication of documents.
Documents to be read to the fugitive, who must be asked to show cause.
1572
Committal.
Proviso as to appeal and writ of habeas corpus.
Appeals to Supreme Court.
Appeals to order of committal.
Appeal from order of discharge.
Transmission of depositions, &.
Fugitive to remain in custody.
Frivolous appeal by fugitive.
Petition for order of appeal.
1573
Notices to Crown Solicitor.
Proceedings on appeal.
Magistrate's report to Governor.
Grant of extradition warrant.
1574
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
1575
not delivered up within a certain time.
Notice to be given to the Crown Solicitor.
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.
1576
Forms in second schedule may be used.
Proviso as to repeal or suspension of Ordinance, or of any part thereof.
No. 1 of 1881.
An Ordinance entitled ' The Macao Extradition Ordinance,
1881.'
[14th March, 1881.]
WHEREAS persons who have committed certain crimes within thc'.
territory of Macao may escape to this Colony and it is expedient
to provide for the apprehension of such fugitives from. justice and for.
their surrender to the Government of Macao in order that they may be
dealt with accordi»g to law: BE it enacted by the Governor of Hong-
kong; with the .advice of the Legislative Council thereof, as follows :----
h. This Ordinance may be cited as ' The .Macao Extradition Ordi-. snort.
title.
Dance,- 1881.'
ORDINANCE No. 1 of 1881.
Macao Extradition.
Interpreta-
2. In the interpretation of this Ordinance, the expression 'Governor
of Macao' shall include the person for the time being administering
the Government of Macao.
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 expression ' Superintendent of the: Gaol ' shall mean the-
- superintendent of Victoria Gaol or the keeper of any* prison.
or place of custody' for criminals within this Colony.
upoa requib;_ 3. In case requisition is at any time made by the Governor of
c~e ~QTmay. Macao to the Governor of the Colony to deliver up to justice
any person
issue waiTant
who, berg accused or convicted of any of the crimes and offences.
specified
Ma°`stratc' . ! in the first schedule of this Ordinance, and alleged to
have been com-~
rriitted either before or after the passing of this Ordinance within the
territory of Macao, has taken refine within this Colony, the Governor
of this Colony may, if he in his discretion thinks fit, by warrant under
his . band . and seal signify that such reqnisitiQn a~as bean made; .
and.,
reqire~the Police Magistrates to govern thennselves accblidingly end-to
j , old in -apprehending the person so accused ar, convicted;, arid
hereinafter-:
refereed Was the fugitive.
F 9E. Upon the issue of such errant any Polio: Magistrate may ,due
~~a~x
rrant or
ray
~~,~;~t~,~, . his', warrant for the apprehension of the fugitive, and if
he be already
custody, 'issue an order to the Superintendent of the Gaol. forthwth,''to~
bring the fubitive before him to be dealt with :in manner laereinafter
provided.
=Procings.r~ ~ 5~ If the fugitive be apprehended, or if he be already in
custody; he~
befoirp~e
, -= shall be brought forthwith before the Magistrate, and the following
;conditions and rebulations shall be complied with:
prod-action Of,
warrant o
x crest.
1. There must be the production before the Magistrate of a.
valid . v-arrant of arrest issued by a Judge or other com-
petent Magistrate having authority with%n the territory
of Macao to take cognizance of the crime charged, and.
clearly setting forth such crime.
In the case of a, person accused but not convicted, ',,such
evidence shall be prod eced.,to he Magistrate as would in.
his opinion justify the apprehension of the .fugWve if the
crime of which he is accused had been committed within
ORDINANCE No. I of 188,1.
Macao .extradition.
the jurisdiction of this Colony, with this qualification;--
that copies of depositions signed or taken before any such
Judge or other competent Magistrate as aforesaid and
authenticated in manner . hereinafter provided may be
received in evidence of the criminality of the fugitive. .
3. In the case of a person. convicted, a copy of the conviction, Evidence
iii
case of u,
authenticated in manner hereinafter provided, shall be peon con-
produced: But if it should ~ appear that the conviction victed.
was pronounced in the absence o£ the accused for con-
tumacy in not having surrendered to take his trial, the
same evidence shall be produced to the Magistrate as in
the case of a person accused but not convicted..
4. In every case proof of the identity of the fugitive must be Proof
identity.
graven to the satisfaction of the Magistrate.
5. Warrants of arrest arid copies of depositions, signed or taken
Autheatica-
tion of doc.u--
before any such Judge or other competent Magistrate, as menu.
aforesaid; end copies of convictions, shall be received in
~evidence, :if the warrant of arrest purports 'to be signed by
Such ~Judge or Atagistrate and if the copies of depositions
pu rlaort to be certid.ed under the hand of such Judge or
Magistrate to be true copies of the original depositions, and.
if the copy of the conviction purport to be certified} under
the hand 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 21Ia,gistra,te and his
authority to take cognizance of the crime or offence charged,
shall be sufficiently proved if the document purport to be,
,sealed with the official seal of the Governor 'of Maaao, and
all Courts of Justice in this Colony shall, for the purpose
of this Ordinance, take judicial notice of such seal, and
shall admit the documents so authenticated by it to be
received in evidence without further proof.
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 he has any
valid cause to show 'why he should not be committed to
gaol, to await the order of the Governor in Council.
Documents tar
be read. to the
`fugitive;: who
must. be,:Zd
to show cause.
0ommittal.
ORDINANCE No. I of 1881.
Macao Exti-adition.
B. 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 prima facie evidence to establish the
criminality of the fugitive, he shall commit him to gaol, there to wait
Proviso as to the order of .the Governor in Council : Provided, that
before any such
writ .committal, the Magistrate shall inform the fugitive that a period of
fifteen
cn~yux.
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 185$ as to appeals from the decisions of
Magistrates
Supreme
shall not apply to proceedings under this Ordinance, but the following
rules as to appeals shall be observed, that is to say:
--
Appeal from.
order of
Committal.
Appeal. from
-order of
>~of depositions;
1e
''MaInIn
l.~'rivolous
appeal by
fi'ugitice, -
Petitiori for
order of
1. If the fugitive desires to appeal to the Supreme Court against
a 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
order of discharge of a .fugitive and notifies such desires 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 the Registrar of the Supxeme Court
the depositions and all other documents relating to .the
case, together with any statement in writing which he nay
think fit to annex in relation thereto.
2. If the appeal is by the Attorney General against an order of
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.
3. If the appeal is by a fugitive against an order of committal
and the Magistrate has reason to believe that the appeal is
merely frivolous, he nuay, refuse to grant the same: _
4~ In case the Magistrate refuses to grant an appeal.. to a fugitive
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.
ORDINA\.'CIJ No. 1 or, 1881.
Macao Extradition.
5. The Magistrate shall cause notice of his intention to discharge .
Notices to
Grown
a fugitive (otherwise than in pursuance of any decision 'of. Solicitor.
the Supreme Court), and also of any appeal by a fugitive
against his committal, to be served upon the Crown
Solicitor, and no fugitive shall be discharged by a Magistrate
(otherwise than aforesaid), unless the Attorney General has
had an opportunity of being heard in opposition thereto,
and of giving notice of appeal.
Every appeal under this Ordinance may be heard in vacation
ana either in Court or in Chambers, and shall be set down
for hearing on such early day and at such hour as the
Chief Justice appoints, notice whereof shall be given. in
writing by the Registrar to the Superintendent of the Gaol,
who shall on the day and hour appointed bring the fugitive
before the Chief Justice; and on the hearing of the appal:
the Chief Justice may, if he thinks fit, .receive any new
evidence and may either affirm or reverse the decision of
the Magistrute according as the is of opinion that there is~
or is not, sufficient pnimd facie evidence of the criminality
of the fugitive or that the conditions and regulations of
section 5 have, or have not, been complied with, and may
order the fUaltlVe to be committed to gaol or to be dis-
charged, as the case may be; or make any other order with.
respect to the said matter as' may be requisite to the due
adjudication thereof.
6.
8. The Magistrate before whom a fuoitive is brought under this
Ordinance shall, at the conclusion of the case, send a report thereon to
the Governor.
9. It shall be lawful for the Governor in Council, if in the discretion
of the Governor in Council it seems fit, `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 1C? and 11 hereinafter contained, by order directed to the
Superintendent of the Gaol and hereinafter called an 'Extradition Order'
to.order the fugitive so committed to be delivered to such person as shall
Proceeding,.
on appeal.
Magistrate'a-
report to
Governor.
Grant of
extradition
warratt-t.
a t 4 ORDINANCE 11'0. 1 0F 11.
Macao Extradition.
Custody
and by warrant under the hand and seal of the Governor of Macao be
authorized
.surreuder of
fugitive. to receive hirn, ' and such fugitive shall be delivered up
accordingly ;and
the person authorized as aforesaid may hold such fugitive in custody, and
convey him to any place within the territory of Macao, and if such
Provision as fugitive escapes out of any custody-to which he is committed
or to which
to escape.
he is delivered as aforesaid, it shall be lawful to retake him in the same
. manner as any person accused of any felony committed within this Colony
may be retaken upon an escape: Provided that in every case where before
the expiration of the said period .of fifteen days the order of committal
has
been affirmed on appeal or the fugitive has applied for a writ of habeas
corpus, and has failed on the return thereof to obtain his discharge, it
shall be lawful for the Governor in Council in such discretion and subject
as aforesaid, to grant an extradition order without further delay.
Political 10. No extradition order shall be granted by the Governor in
Council
'Offences. in any case where in the opinion of the Governor iii Council
the requisi-
tion 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,grcu,d
E
before any Judge, or Mabistrate, and any attempt against the life e :df
the
501.
Governor or of any public officer or member of the Government of Macao
shall not be deemed a political offence:
Where fugi- 11. No extradition order shall be granted by the Governor in
Council
tye is under-
, - .
~o~g sq»ten. in respect of any fugitive who is undergoing any sentence
'of -imprison-
RI;
R~hx~ . v -
ooloV b Pent pronounced. by any of the Courts of this Colony, or who is
charged
with any crime or offence cognizable by the said Courts, until the eRpira-
tion or previous determination of such sentence or of any sentence which
may be pronounced upon his trial for such crime or` ofhenee, or until hip
~cduittal,or the abandonment of such charge.
3
'-i'i~e odvexn~ -12: .The Governor in Council may at any time issue an
order directed
may issue : '~ 't
order of- . ~r~ the _Sup' of the Gaol for the release of any fugitive in
custody
release. ,~kj~der this ;Ordinance in respect of whom the Governor in
Council does
nthink fit to issue an extradition warrant, and thereupon such fugitive
shalibe forthwith discharged from such custody.
F
a Irtl~o the y 13. Where an fugitive who has been committed under this Ordi=
8
u p eme nance is not delivered, u ursuant thereto and convey ded out of
this.Colon.
Court for- his . p p ~ y
.~isebarge if within one month after the date of such committal, the
Chief Justice map
ORDINANCE No. i of 1881.
Macao Extradition.
.at any time, upon applicatiomnade to him by or on behalf of the fugitive,
and upon its being proved to his satisfaction that reasonable notice of
the
'intention to male such, application has been given to the 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 has appealed to
the `Supreme Court or has applied for a writ of laabeas corpus the said
,period o 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 date of the expiration of
the fugitive's sentence or of his acquittal or of the abandonment of the
charge as therein mentioned.
14. The Governor in Council may, from time to time, by order to be
published in the Gazette, declare that any crime or offence spQcified.in
such order, anal not included in the first schedule hereto,, shall form
part
thereof, and from and after the date of the publication of such order, the
aeverrk..qrimes and offences specified therein shall came within the
opera-
tion of kais ordinance as °i,included in
the
*,aid schedule.
not delivered
upvvithan a
certain time.
Notice to he
given U> the
Crown
Solicitor.
PONVC:x' to add
to, the sche-
dule of crimes
arid aftnee,,
15The Governor in Council may at any time by order to be
~pI ubIished ire the Gazette, declared that any crime or offence
specified in
the fiirst 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 order, such criine or
offence shall cease to come within the operation of this Ordinance.
. 16. All expenses incident to the apprehension, detention, mainte-
nance, arid delivery of a fugitive under this Ordinance, shall be borne by
this Colony.
17. If any action be brought against a Magistrate,. gaoler, officer of
Polices 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 shall be a sufficient answer to such action, and the
defendant or defendants an, such proof as aforesaid shall be entitled to a
verdict or judgment in his or their favour, and shall also be entitled to
Lis ctheir full costs of suit..
Power -to ex-
punge any
grime or
oftence from
schedule.
Expenses of
extradition.
Protection 0
Magistrate,
acting unc;lea
warrant.
ORDINANCE No. I of 1881.
Macao Extradition.
Forms in 1$, The forms given in the second schedule to this Ordinance or-
-,(We sc;he-
(We nxa.~ire forms to the. .like effect, with such variations and
additions. as circums-.
USA
tances require, may be used for the purposes therein indicated, and
instru-
ments in those forms shall (as regards the form thereof) be valid
an~lsufficient.
.Proviso as to -19; In case the Governor in Council shall deem it
expedient that
oepeal or,
suspension of this Ordinance or any part thereof should be repealed, or
the operation
orc'linance, or .
«F a~.ypart thereof suspended for any period, it, shall be lawful for the
Governor- of
thereof. this Colony by proclamation in the Gazette, to declare that this
Ordinance
or any part thereof shall be s,pspended in its operation for any period,
or
that the same is repealed, and from the date of the publication 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 on
repealed accordingly.
FIRST SCHEDULE.
LIST of CRIMES AD 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 ox
otlence, whether
by common laic or by Imperial Statute or local Ordinance made before or
after the
passing of this Ordinance.
Murder, and attempt and conspiracy to murder.
Manslaughter.
=Woundinb with intent to do grievous bodily harm.
Counterfeiting and altering money and uttering counterfeit or altered
money.
Porge s forged or counterfeited
ry, counterfeiting, and altering, and uttering what i
.i~':altered.
EnEibezz3ement and larceny.
Unlawfully receiving stolen property.
Obtaining money or goods by false pretends.
Crimes by bankrupts against bankruptcy law.
Fraud by a bailee, banker, agent, factor, trustee, or director, or
member; or, public
officer of any company made criminal by any law for the time being in
force.
Rape.
Abduction, or forcible taking or detention. s
Child-stealing.
ORDINANCE No. 1 of 138I.-
Macao Extradition.
Burglary and house-breaking.
Arson.
Robbery with violence.
Threats by letter or otherwise with int6ut to extort.
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 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
Icy His Excellency
this Colony and its dependencies.
To.
the naval, military or police force,
SECOND S.CHEDUI,E.
FORMS.
(GQVernor's warrant to Magistrates)
TgE MACAO EXTRADITION 4RnrNA~ '~Ba 1881.'
Governor and Commander-in-Chic;f ofC
Police Magistrates.
Whereas requisition has been duly made to me pursuant to the above
Ordinance
for the surrender of one
committed the crime of
being a fugitive from justice;
You are hereby required to govern yourselves accordingly, and to aid in
apprehend-
ing to said fugitive and in committing him to gaol for the purpose of his
being
delivered up to justice according to the provisions of the said
Ordinance, and for so
doing this shall be your warrant.
'riven under -my hand and seal at Victoria, Hongkong, this day of
18
now in this Colony; charged with having
within the territory, of Macao 'and with
By order,
Cotcnial Secretary.
L. S.
Governor, drc.
-ORDINANCE No: 1 of , 1881.
Macao .Extradition.
(Warrant of apprehension.)
THE MACAO EXTRADITION ORDINANCE, 1881.'
Hongkong~
To all and each of the constables of the Flongkong Police Force.
to wit.
Whereas His Excellency
Governor and Commander-in-Chief of thi's Colony and it&.
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 them-
salves accordingly and to aid in apprehending the said fugitive;
This is therefore to command you in Her Majesty's name forthwith to
apprehendy
the said fugitive pursuant to the said Ordinance wherever 'he may be
,fpund in. thiep
Colony and bring him before me or any other Police Magistrate, sitting in
this -Lourt to
answer unt.a the said charge;; and for which this shall be your warr,snt-
Gven under my ,hand and seal at the Magistrates'' Court of : this Colon,
:'this
day of in the-y' ar of our hold, 1$ _
_ , -police D2`' ~r~te.
(Order to Superintendent of. gaol to bring up prisoner
THE MACAO EXTRADITION ORDINANCE, ISSI.'
Tthe S'uperiMendent of Victoria Gaol,
Whereas His Excellency
Governor and Commander-in-Chief of this Colony
arid its deyeiiddncies, by warrant under his hand and seal has signified
that pusuunt-
tca the .~ above Ordinance, requisition has been duly made to him for
delivering up to,
jusihiea 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;
ORDINANCE No ~.r oF4881.
4l facao ~Extrad anon.
You are hereby ordered to bring up the said
forthwith before me or any other Police Magistrate
sitting in this Court to be dealt with as provided-by law.
Given under ~'my-hand.and.eeal, this ..day of
Magistrates' Court of this Colonv.
(Warrant of Committal)
THE MACAO E%TRA.DITION ORDINANCE, 1H$ l.'
Hongkong To
to wit.
r 1$ , at the
L.S.
one of the constables of the Hongkong Police Force, and to the Superin-
tendent of Victoria Gaol.
'Whereas on the day of # in tie year of out Lord 18
ray broughtvbefore me
one of the Polite lkta&trates sitting at the Magis-
trates' Court of this Colony, charged with having -committed on,,the day
of
I$ , within the territory of Macao, the crime of
and with being a fugitive from justice;
And whereas the evidence which has been shown to me of the criminality of
the
said
is, in my opinion, sufficient to, justify his committal to gaol, pursuant
to section 6',of
the above Ordinance;
This is therefore to command you the said constable in Her .Majesty's
name forth-
with to convey and deliver the body of the said
into the custody of the said Suherintendeut of Victoria Gaol; and you the
said Super-
intendent to receive the said
into your custody, in the said gaol and him .there safely to peep until
he shall ~be
thence delivered, pursuant to the provisions of the said Ordinance, for
which this shall
be your warrant.
Given under my hand and seal at Hongkong, this
in the year of our.Lord, 1$
day of
L. S.
Police ltlagistrate.
ORDINANCE No. I of 188 .
Macao, ~Extradition.
J,
(Petition of fugitive for order of appeal.)
' TIE MACAO EXTRIDITION ORDINANCE, 1881.'
~ t
To the Honourable
Chief Justice.
The humble petition of _
a prisoner in Victoria Gi-aol,-
Showeth:
1. That your petitioner was on the ': day of instant, [or last] com-
mitted to gaol by A. B., Esquire, Police Magistrate, as a fugitive from
justice,
there to await the order of His Excellency the Governor, under the
provisions of
the above Ordinance.
2. That your petitioner has been advised [or believes] that the said
order of comrhittal
ought to be reversed on the following grounds, that is to say : ,
,. , - [State Ground8.1.
3. That your petitioner has given notice to the Ma,gistrate of his desire
toppoal
against the said order; but the Magistrate bas refused to grant the said
appal.
Your petitioner therefore bumbly prays that'ihis Hobourable Court w'ill be
. pleased to order t'hlt, the said appeal be granted, e
And -:your .petitioner will ever pray, &c., &c.
(Notices, to the` Cro2cn Solicitor of the fuyztive's aFpeal or of the
Magistrate's
intention to discharye the fugitive.)
To A: .8., Esquire,
Crown Solicitor.
' TtI'E MACAO EXTRADITION ORDINANCE, 1$$1.'
Whereas one has been brought befare A.. B.,
Esquire, one of- the Police Magistrates, charged with having on the day of
committed the crime of within the territory of Macao
and with being a fugitive from justice;
ORDINANCE NO.- 1 OF 1881.
Macao Extradition.
And whereas the evidence which has been shown to the said Magistrate of
the
criminality of the said
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 on next, the day of at the hour of
CQr1
' And whereas the did 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 agaipst'the said order of
committal;
This is therefore to give you notice of such intended order [or appeal]
pursuant
to section 7 of the said Ordinance.
Dated the day of - 18
1 *1 _lltrgistrate~s Clerk.
(Magistrate's Order of Discia'arge.)
(ACA.O EXTRADITION-ORDTSA.NCR, 1851.'
HoligIong
t TO
to wit.
Superintendent of Victoria Gay
Whereas on the. day [or days] of in the year of our Lord,
6
18 one late of was brought before me
one of the Police`Maxistrates sitting at the Magistrates' Court of this
Colony,.
charged with having -committed on the
within the territory of Macao, the crime of
.
justice;,
And whereas the evidence which has been shown, to me of the criuninality
of the
said is not, in my opinion, sufficient to justify his committal to gaol,.
pursuant to section 6 of the above Ordinance;
You are hereby ordered to .discharge the said from your custody in
the said gaol under the said Ordinance, for which this shall be your
warrant.
Given under my band at Hongkong, this day of in the
year of our. Lord 18
day of li 18
and with being a fugitive frobi
L.S.
Poldee .'flagistrate.
OR DINANGB'No~ 1,4.
Macao Extradition. -
(Extradition Order of Governor in Council.)
'THE MACAO EXTRADITION ORDINANCE, IgHl.'
n
(Order by the Governor in Council.)
2'a the Superintendent of Victoria Gaol.
Whereas on the day of '18 ,` one was
committed to gaol as a'fugitive under the provisions of the above
Ordinance;
And whereas the said is now in Victoria, gaol in your custodyundei
the said committal; . - _
And whereas it has been determined that the said fugitive shall be
surrendered
to the Government of Macao;
You are hereby ordered to deliver the said unto . being
the person duly authorized by the Gowernrnent 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.
Approved iutouucil.
Clerk efi Councils.
9:
(Governor's order of release.)
THE MACAO EXTItADITION ORDINANCE, 181.'
®rtirt?.nor, 4-
By His Excellency.
Governor and Coin mander-in-Ghief of this Colony and its dependencies.
!'a- he:Su
perintendent of Victoria Gaol.
- Whereas one is now in your custody. as a fugitive under the
p~qvsions of the above Ordinance;
And whereas it has been determined that no extradition order shall be
granted in
$Peere t of the said fugitive;
r `°You are hereby . ordered to. release the. .said from custody under the
said Ordiuabce. .
Glive.n under my, hand at' Victoria;:Hongkong; this. day- of,
ulo-raiul Sccretuq.
1569
Title.
Preamble.
Short title.
1570
Interpretation.
Upon requisition the Governor may issue warrant to Police Magistrate.
Warrant or order of Magistrates.
Proceedings before the Magistrate.
Production of warrant of arrest.
Evidence in case of person accused.
1571
Evidence in case of a person convicted.
Proof of identity.
Authentication of documents.
Documents to be read to the fugitive, who must be asked to show cause.
1572
Committal.
Proviso as to appeal and writ of habeas corpus.
Appeals to Supreme Court.
Appeals to order of committal.
Appeal from order of discharge.
Transmission of depositions, &.
Fugitive to remain in custody.
Frivolous appeal by fugitive.
Petition for order of appeal.
1573
Notices to Crown Solicitor.
Proceedings on appeal.
Magistrate's report to Governor.
Grant of extradition warrant.
1574
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
1575
not delivered up within a certain time.
Notice to be given to the Crown Solicitor.
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.
1576
Forms in second schedule may be used.
Proviso as to repeal or suspension of Ordinance, or of any part thereof.
Abstract
1569
Title.
Preamble.
Short title.
1570
Interpretation.
Upon requisition the Governor may issue warrant to Police Magistrate.
Warrant or order of Magistrates.
Proceedings before the Magistrate.
Production of warrant of arrest.
Evidence in case of person accused.
1571
Evidence in case of a person convicted.
Proof of identity.
Authentication of documents.
Documents to be read to the fugitive, who must be asked to show cause.
1572
Committal.
Proviso as to appeal and writ of habeas corpus.
Appeals to Supreme Court.
Appeals to order of committal.
Appeal from order of discharge.
Transmission of depositions, &.
Fugitive to remain in custody.
Frivolous appeal by fugitive.
Petition for order of appeal.
1573
Notices to Crown Solicitor.
Proceedings on appeal.
Magistrate's report to Governor.
Grant of extradition warrant.
1574
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
1575
not delivered up within a certain time.
Notice to be given to the Crown Solicitor.
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.
1576
Forms in second schedule may be used.
Proviso as to repeal or suspension of Ordinance, or of any part thereof.
Title.
Preamble.
Short title.
1570
Interpretation.
Upon requisition the Governor may issue warrant to Police Magistrate.
Warrant or order of Magistrates.
Proceedings before the Magistrate.
Production of warrant of arrest.
Evidence in case of person accused.
1571
Evidence in case of a person convicted.
Proof of identity.
Authentication of documents.
Documents to be read to the fugitive, who must be asked to show cause.
1572
Committal.
Proviso as to appeal and writ of habeas corpus.
Appeals to Supreme Court.
Appeals to order of committal.
Appeal from order of discharge.
Transmission of depositions, &.
Fugitive to remain in custody.
Frivolous appeal by fugitive.
Petition for order of appeal.
1573
Notices to Crown Solicitor.
Proceedings on appeal.
Magistrate's report to Governor.
Grant of extradition warrant.
1574
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
1575
not delivered up within a certain time.
Notice to be given to the Crown Solicitor.
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.
1576
Forms in second schedule may be used.
Proviso as to repeal or suspension of Ordinance, or of any part thereof.
Identifier
https://oelawhk.lib.hku.hk/items/show/388
Edition
1890
Volume
v3
Cap / Ordinance No.
No. 1 of 1881
Number of Pages
14
Files
Collection
Historical Laws of Hong Kong Online
Citation
“MACAO EXTRADITION ORDINANCE, 1881,” Historical Laws of Hong Kong Online, accessed July 12, 2025, https://oelawhk.lib.hku.hk/items/show/388.
