MACAO EXTRADITION ORDINANCE, 1881
Title
MACAO EXTRADITION ORDINANCE, 1881
Description
ORDINANCE NO. 1 OF 1881.
Macao Extradition Ordinance, 1881.
AN ORDINANCE to make provision for the Apprehension and
Surrender of Criuminal Fugitives from the Territory of Macao.
[14th march,1881]
WHEREAS persons who have committed certain crimes within the
territory of Macao may excape 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 according to law:
BE it therefor enacted by the governor of hongkong, with the advice
of the legislative council thereof, as follows:-
1 this ordinance may be cited as the macao extradition ordinance,
1881.
2 in this ordinace-
'the governor of macao' includes the person for the time being
administering the government of macao;
'the territory of macao' extends to any place within the jurisdiction
of the government of macao and includes the high seas;
'the superintendent of the gaol' means the superintendent of victoria
gaol and includes the keeper of any prison or place of custody
for criminals within this colony.
3 in case requisition is at any time made by the governor of macao
to the governor of this colony to deliver up to justice any person who,
being accused or convicted of any of the crimes and offences specified
in the first schedule to this ordinance, and alleged to have been committed,
either before or after the commencement of this ordinance,
within the territory of macao, has taken refuge within this colony, the
governor of this colony may, if he, in his discretion, thinks fit, by
warrent under his hand and seal, signify that such requisition has been made
and require the police magistrates to govern themselves accordingly,
and to aid in apprehending the person so accused or convicted and here-
inafter referred to as the fugitive.
4 on the issue of such warrent, any police magistrate may issue his
warrant for the apprehension of the fugitive, and, if he is already in custody,
may issue an order to the superintendent of the gaol forthwith to
bring the fugitive before him to be dealt with in manner hereinafter
provided.
5 if the fugitive is apprehended or if he is already in custody, he
shall be brought forthwith before the magistrate, and the following
conditions and regulations shall be complied with; that is to say,-
(1) there must be produced before the magistrate a valid warrant of
arrest issued by a judge or other competent magistrate having
authority within the territory of macao to take cognizance of the
crime charged, and clearly setting forth such crime;
(2) in the case of a person accused but not cnvicted, such evidence
shall be produced to the magistrate as would, in his opinion, justify
the apprehension of the fugitive if the crime of which he is accused
had been committed within 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 uthenticated
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,
authenticated in manner hereinafter provided, shall be prodcued.
but if it should appear that the conviction was pronounced in the
absence of the accused person for contumacy 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 given,
to the satisfaction of the magistrate;
(5) a warrant of arrest and copies of depositions, signed or taken
before any such judge or other competent magistrate as aforesaid,
and a copy of the conviction, shall be received in evidence, if the
warrant of arrest purports to be signed by such judge or magistrate, and
if the copy of depositions purports to be certified under the
hand of such judge or magistrate to be a true copy of the oriinal
depositions, and if the copy of the conviction purports 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 magistrate, and his authority
to take cognizance of the crime of offence charged, shall be
sufficiently proved if the document purports to be sealed with the
oficial seal of the governor of macao, and all courts of justice in
this colony shall, for the purposes 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; and
(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 he has any valid cause to
show why he should not be committed to gaol to await the order
of the governor-in-council.
6 if the fugitive fails to show cause, to the satisfaction of the magistrate,
why he should not be committed, and if the magistrate is of opinion
that there is sufficient prima facie evidence to establish the criminality
of the fugitive, he shall commit him to gaol, there to await the order of
the governor-in-council: provided that before any such committal the
magistrate shall inform the fugitive that a period of fifteen days will be
allowed him to appeal to the supremem court, if he thinks fit, under the
next succeeding section or apply for a writ of habeas corpus.
7 the following rules as to appeals to the supreme court shall be
observed; that is to say,-
(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 fiften 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 paragraph 3 hereinafter contained, grant
such appeal and tranmit forthwith to the registrar of the supreme
court the depositions and all other documnets relating to the case,
together with any statement in writing which he may think fit to
annex in realtion 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 the
further
order of th 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 mermly frivolous,
he may 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
he thinks fit, one the fugitive's petition in writing, setting forth the
grounds of apeal, make an order directing the magistrate to grant
the appeal;
(5) the magistrate shall cause notice of his intention to discharge a
fugitive (otherwise than in pursuance of any decision of the supreme
court), and also of any appeal by fugitive against his
committal, to be served on the crown solicitor, and no fugitive shall
be discharged by a magistrate (otherwise than as aforesaid), unless
the attorney general has had an opportunity of being heard in
opposition therto and of giving notice of appeal; and
(6) every appeal under this ordinance may be heard in vaction and
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 may appoint,
notice whereof shall be given in writing by the registrar of the
supreme court 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 appeal the chief justice may,
if he thinks fit, receive any new evidence and may either affirm or
reverse the decision of the magistrate, according as he of opinion
that there is or is not sufficient prima facie evidence of the crimin
ality of the fugitive or that the conditions and regulaitns of section
5 have or have not been coplied with, and may order the fugitive
to be committed to gaol or to be discharged, 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.
8 the magistrate before whom a fugitive is brought under this
ordinance shall, at the conclusion of the case, send a report thereon to
the governor.
9-(1) it shall be lawful for the governor-in-council, if, in the discretion
of the governor-in-council, it seems fit, after expiration of
fifteen days from the date of the committal of a fugitive by a magistrate
or, in case of any procceding by appeal or writ of habeas corpus, then
subject to the decision of the supreme court thereon, and subject also
to the provision of sections 10 and 11, by order directed to the super-
intendent of the gaol and hereinafter called an extradition order, to
order the fugitive so committed to be delivered to such person as may,
by warrant under the hand and seal of the governor of macao, be
authorized to receive him, and the fugitive shall be delvered up accordingly.
(2) the person authorized as aforesaid may hold the fugitive in
custody and convey him to any place within the territory of macao, and
if the fugitive escapes out of any custody to which he is committed or
to which 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 and extradition order
without further delay.
10 no extradition order shall be granted by the governor-in-council
in any case where, in the opinion of the governor-in-council, the requisition
for the extradition of the fugitive has been made for political
reasons or a political offence is involved in the crime charged; but it
shall not be open to the fugitive to claim his discharge from custody on
such ground before any judge or magistrate, and any attempt against
the life of the governor or of any public officer or member of the
government of macao shall not be deemed a political offence.
11 no extradition order shall be granted by the governor-in-council
in respect of any fugitive who is undergoing any sentence of imprison-
ment 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 expiration
or previous determination of such sentence or of any sentence
which may be pronunced upon his trial for such crime or offence or
until his acquittal or the abandonment of such charge.
12 the governor-in-council may at any time issue an order directed
to the superintendent of the gaol for the release of any fugitive in
custody under this ordinance in respect of whom the governor-in-
council does not think fit to issue an extradition warrant, and thereupon
the fugitive shall be forthwith discharged from such custody.
13 where any fugitive who has ben committed under this ordinance
is not delivered up pursuant thereto, and conveyed out of this
colony within one month after the date of such committal, the chief
justice may at any time, on application made to him by or on behalf of
the fugitive and on its being proved, to his satisfaction, that reasonable
notice of the intention to make such application has been given to the
crown solicitor, orfer 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 the fugitive
has appealed to the supreme court or has applied for a writ of
habeas corpus, the said period of one month shall be computed from the
date of the decision of the supremem court upon such proceeding, and in
every case within section11 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 specified in
such order, and not included in the first schedule to this ordinance,
shall form part therof, and from and after the date of the publication
of such order the several crimes and offences specified therein shall come
within the operation of this ordinance as if the same had been originally
included in the said schedule.
15 the governor-in-council may at any time, by order to be published
in the gazette, declare that any crime or offence specified in the first
schedule to this ordinance, or which may hereafter be added to the said
schedule as hereinbefore provided, shall no longer form part therof,
and from and after the date of the publication fo such order such crime
or offence shall cease to come within the operation of this ordinance.
16 all expenses incident to the apprehension, detention, maintenance,
and delivery of a fugitive under this ordinance shall be borne by this colony.
17 if any action is brought against a magistrate, 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 shall be a sufficient 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 thier favour, and shall also be entitled to
his or their full costs of the action.
18 the forms i nthe second schedule to this ordinance or forms to
the like effect, ith such variations and additions as circumstances may
require, may be used for the puposes therein indicated, and instruments
in those fomrs shall (as regards the form thereof) be valid and sufficient.
19 in case the governor-in-council deems it expedient that this
ordinance or any part therof should be repealed or the operation thereof
suspended for any period, it shall be lawful for the governor of this
colony, by proclamation in the gazette, to declare that this ordinance
or any part thereof is repealed or shall be suspended in its operation for
any period, and rom the date of the publication of such proclamation
the said ordinance or such part thereof as may be specified in the pro-
clamation shall be deemed to be repealed or suspended accordingly.
SCHEDULES.
THE FIRST SCHEDULE.
LIST OF CRIMES AND OFFENCES.
the following list of crimes and offences is to be construed according to th
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 commencement of this ordiance.
1 murder, and attempt and conspiracy to murder.
2 manslaughter.
3 wounding with intent to do grievous bodily harm.
4 counterfeiting and altering money and uttering counterfeit or altered
money.
5 forgery, counterfeiting, and altering, and uttering what is forged or
counterfeited or altered.
6 lareeny and embezzlement.
unlawfully receiving stolen property.
8 obtaining money or goods by false prefences.
9 crimes by bankrupts against bankruptey law.
10 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.
11 rape.
12 abduction, or focible taking or detainion.
13 child-stealing.
14 burglary and housebreaking
15 arson
16 robbery with violence.
17 threats by letter or otherwise, with intent to extort
18 piracy by law of nations or municipal law.
19 sinking or destroying a vessel at sea, or attempting or conspirign to do so
20 assault on board a ship on the hgih seas, wiht intent to destroy life or
to do grievous bodily harm.
21 revolt or conspiracy to revolt by two or more persons on board a ship
on the high ses against the authority of the master
22 desertion from the naval, military, or police force.
THE SECOND SCHEDULE.
FORMS
FORM NO.1
Governor's Warrant to Police Magistrates
THE MACAO EXTRADITION ORDINANCE, 1881.
HONGKONG
By his excellency governor and commander-in-
chief of this colony and its dependencies.
to police magistrates
whereas requisition has been duly made to me, pursuant to the above mentioned
ordinance, for the surrender of one 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 accordingly, and to aid in apprehending
the said fugitive and in committing him to goal for the purpose of
his being delivered up to justice according to the provisions of the above-
mentioned ordinance; and for so doing this shall be your warrant.
given under my hand and seal at victoria, hongkong, this day of
, I .
[L.S.] (signed)
governor, Sc.
by order,
(signed)
colonial secretary FORM NO.2
Warrant of Apprehension.
THE MACAO EXTRADITION ORDIANCE, 1881.
to all and each of the constables of the hongkong police
force
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-mentioned ordinance,
requisition has been 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 above-mentioned ordinance,
wherever he may be found in this colony, and to bring him before me or any
other police magistrate sitting in this court to answer to the said charge;
and for so doing this shall be your warrant.
given under my hand an seal, at the magistrates' court of this colony,
this day of , I .
[L.S.] (signed)
police magistrate.
FORM NO.3
Order to Superintendent of Gaol to bring up Prisoner.
THE MACAO EXTRADITION ORDINANCE, 1881.
HONGKONG.
To the superindendent of victoria gaol.
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-mentioned ordinance,
requisition has been been duly made to him for delivering up to justice one
within the territory of macao and with
being a fugitive from justice, and has directed the police magistrates to govern
themselves accordingly for the pupose 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 forthwith before me or any
other police magistrate sitting in this court to dealt with as provided by law.
given under my hand an seal, at the magistrates' court of this colony,
this day of , I .
[L.S.] (signed)
police magistrate.
FORM NO. 4
Warrent of Committed.
THE MACAO EXTRADITON ORDIANCE, 1881.
To one of the constables of the
hongkong police force, and to the superintendent of victoria
gaol.
whereas on the day of , I ,
late of was brought before me
one of the polcie magistrates sitting at the magistrates' 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 criminalit of the said is,
in my opinion, sufficient to justify his committal to gaol, pursuant to section
6 of the above-mentioned 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 superintendent
of victoria gaol: and yu, the said superintendent, to receive the
said into your custody in the said gaol and him there
saftely to keep until he shall be thence delivered, pursuant to the provisions
of the above-mentioned ordinance: and for so doing this shall be your warrant.
given under my hand an seal, at the magistrates' court of this colony,
this day of , I .
[L.S.] (signed)
police magistrate.
FORM NO. 5
Petition of Fugitive for Order of Appeal.
THE MACAO EXTRADITON ORDIANCE, 1881.
HONGKONG.
To the supreme court of hongkong.
the humble petition of a prisoner in victoria
gaol,-
showeth:
1 that your petitioner was, on the day , I , committed to goal by , Esquire, police
magistrate, as a fugitive from justice, there to await the order of his
excellency the governor, under the provisions of the above-mentioned
ordinance.
2 that your peitioner has been advised[or believes] that the said order
of committal ought to be reversed on the following grounds; that is to say,-
[state grounds]
3 that your petitioner has given notice to the magistrate of his desire to
appeal against the said order, but the magistrate has refused to grant the
said appeal.
your petitioner therfore humbly prays that this honourable court will be
pleased to order that the said appeal be granted.
and your petitioner will ever pray, &c., &c.
dated the day of , I .
FORM NO.6
Noticee to the Crown Solicitor of the Magistrate's intention to discharge
the fugitive or of the fugitive's appeal.
THE MACAO EXTRADITION ORDINANCE, 1881.
HONGKONG.
To Esquire, Crown Solicitor.
whereas one has been brought before ,
esquire, one of the police magistrates, charged with having on the day
of , I , committed the crime of
within the territory of macao and with being a fugitive from justice; 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 provisons of the above-mentioned
ordinance; and whereas, by reason therof, the said magistrate intends to
make an order for his discharge on nex, the day of
, I , at the hour of [or and whereas the said magistrate has
ordered the committed 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[or appeal], pursuant to section 7 of the above-metnioned
ordinance.
dated the day of , I .
(signed)
magistrate's clerk FORM NO. 7
Magistrate's Order of Discharge.
THE MACAO EXTRADITON ORDIANCE, 1881.
To superintendent of victoria gaol.
whereas on the day of , I ,
late of was brought before me
one of the polcie magistrates sitting at the magistrates' court of this colony,
charged with having committed on the day of ,
I , within the territory of macao, the crim of
and with being a fugitive from justice: and whereas the evidence which has
been shown to me of the criminalit of the said is,
in my opinion, sufficient to justify his committal to gaol, pursuant to section
6 of the above-mentioned Ordinance: you are hereby ordered to discharge the
said from your
custody in the said gaol under the said ordinance; and for so doing this shall
be your warrant.
given under my hand an seal, at the magistrates' court of this colony,
this day of , I .
[L.S.] (signed)
police magistrate.
FORM NO. 8
Extradition Order of Governor-in-Council.
THE MACAO EXTRADITON ORDIANCE, 1881.
HONGKONG.
To superintendent of victoria gaol.
whereas on the day of , I , one
was committed to gaol as a fugitive under the provisions of the above-men-
tioned ordinance; and whereas the is now in victioria
gaol in your custody under the said committal; and whereas it has been
determined that the said fugitive shall be surrendered to the government of
macao: you are hereby order 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.
approved in council this day of , I .
(signed)
governor, &c.
(signed)
clerk of councils.
FORM NO. 9
Order of Release by Governor-in-Council.
THE MACAO EXTRADITON ORDIANCE, 1881.
HONGKONG.
To superintendent of victoria gaol.
whereas one is now in your custody as a fugitive
under the provisions of the above-mentioned Ordinance; and whereas it has
been determined that no extradition order shall be granted in respect of the
said fugitive: you are hereby ordered to release the said
from custody under the above-mentioned Ordinance.
approved in council this day of , I .
(signed)
Covernor, &c.
(signed)
Clerk of Councils.
A.D. 1881. Ordinance No. 1 of 1881. Short title. Interpretation of terms. Issue by Governor to Police Magistrates or warrant to apprehend criminal fugitive from Macao. First Schedule. Second Schedule: Form No. 1. Issue of warrant by Magistrate. Second Schedule: Forms Nos.2 and 3. Proceedings before Magistrate. Commital by Magistrate. Second Schedule: Form No. 4. Second Schedule: Form No. 5. Form No. 6; Form No. 7. Report by Magistrtate to Governor. Order by Governor-in-Council for delivery up of fugitive. Second Schedule: Form No. 8. Exception as to political offences. Case of fugitive undergoing sentence in the Colony, etc. Power to Governor-in-Council to issue order of release. Second Schedule: Form No. 9. Right of fugitive to apply to Chief Justice for discharge, if not delivered up within certain time. Power to add to list of crimes and offences. Power to expunge crime or offence from list. Expenses of extradition. Protection of Magistrate, etc., acting under the Ordinance. Use of forms. Second Schedule. Power to Governor-in-Council to repeal to suspend the Ordinance or part thereof. Section 3. Section 18. Section 3. Section 4. Section 4. Section 6. Section 7. Section 7. Section 7. Section 9. Section 12.
Macao Extradition Ordinance, 1881.
AN ORDINANCE to make provision for the Apprehension and
Surrender of Criuminal Fugitives from the Territory of Macao.
[14th march,1881]
WHEREAS persons who have committed certain crimes within the
territory of Macao may excape 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 according to law:
BE it therefor enacted by the governor of hongkong, with the advice
of the legislative council thereof, as follows:-
1 this ordinance may be cited as the macao extradition ordinance,
1881.
2 in this ordinace-
'the governor of macao' includes the person for the time being
administering the government of macao;
'the territory of macao' extends to any place within the jurisdiction
of the government of macao and includes the high seas;
'the superintendent of the gaol' means the superintendent of victoria
gaol and includes the keeper of any prison or place of custody
for criminals within this colony.
3 in case requisition is at any time made by the governor of macao
to the governor of this colony to deliver up to justice any person who,
being accused or convicted of any of the crimes and offences specified
in the first schedule to this ordinance, and alleged to have been committed,
either before or after the commencement of this ordinance,
within the territory of macao, has taken refuge within this colony, the
governor of this colony may, if he, in his discretion, thinks fit, by
warrent under his hand and seal, signify that such requisition has been made
and require the police magistrates to govern themselves accordingly,
and to aid in apprehending the person so accused or convicted and here-
inafter referred to as the fugitive.
4 on the issue of such warrent, any police magistrate may issue his
warrant for the apprehension of the fugitive, and, if he is already in custody,
may issue an order to the superintendent of the gaol forthwith to
bring the fugitive before him to be dealt with in manner hereinafter
provided.
5 if the fugitive is apprehended or if he is already in custody, he
shall be brought forthwith before the magistrate, and the following
conditions and regulations shall be complied with; that is to say,-
(1) there must be produced before the magistrate a valid warrant of
arrest issued by a judge or other competent magistrate having
authority within the territory of macao to take cognizance of the
crime charged, and clearly setting forth such crime;
(2) in the case of a person accused but not cnvicted, such evidence
shall be produced to the magistrate as would, in his opinion, justify
the apprehension of the fugitive if the crime of which he is accused
had been committed within 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 uthenticated
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,
authenticated in manner hereinafter provided, shall be prodcued.
but if it should appear that the conviction was pronounced in the
absence of the accused person for contumacy 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 given,
to the satisfaction of the magistrate;
(5) a warrant of arrest and copies of depositions, signed or taken
before any such judge or other competent magistrate as aforesaid,
and a copy of the conviction, shall be received in evidence, if the
warrant of arrest purports to be signed by such judge or magistrate, and
if the copy of depositions purports to be certified under the
hand of such judge or magistrate to be a true copy of the oriinal
depositions, and if the copy of the conviction purports 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 magistrate, and his authority
to take cognizance of the crime of offence charged, shall be
sufficiently proved if the document purports to be sealed with the
oficial seal of the governor of macao, and all courts of justice in
this colony shall, for the purposes 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; and
(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 he has any valid cause to
show why he should not be committed to gaol to await the order
of the governor-in-council.
6 if the fugitive fails to show cause, to the satisfaction of the magistrate,
why he should not be committed, and if the magistrate is of opinion
that there is sufficient prima facie evidence to establish the criminality
of the fugitive, he shall commit him to gaol, there to await the order of
the governor-in-council: provided that before any such committal the
magistrate shall inform the fugitive that a period of fifteen days will be
allowed him to appeal to the supremem court, if he thinks fit, under the
next succeeding section or apply for a writ of habeas corpus.
7 the following rules as to appeals to the supreme court shall be
observed; that is to say,-
(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 fiften 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 paragraph 3 hereinafter contained, grant
such appeal and tranmit forthwith to the registrar of the supreme
court the depositions and all other documnets relating to the case,
together with any statement in writing which he may think fit to
annex in realtion 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 the
further
order of th 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 mermly frivolous,
he may 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
he thinks fit, one the fugitive's petition in writing, setting forth the
grounds of apeal, make an order directing the magistrate to grant
the appeal;
(5) the magistrate shall cause notice of his intention to discharge a
fugitive (otherwise than in pursuance of any decision of the supreme
court), and also of any appeal by fugitive against his
committal, to be served on the crown solicitor, and no fugitive shall
be discharged by a magistrate (otherwise than as aforesaid), unless
the attorney general has had an opportunity of being heard in
opposition therto and of giving notice of appeal; and
(6) every appeal under this ordinance may be heard in vaction and
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 may appoint,
notice whereof shall be given in writing by the registrar of the
supreme court 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 appeal the chief justice may,
if he thinks fit, receive any new evidence and may either affirm or
reverse the decision of the magistrate, according as he of opinion
that there is or is not sufficient prima facie evidence of the crimin
ality of the fugitive or that the conditions and regulaitns of section
5 have or have not been coplied with, and may order the fugitive
to be committed to gaol or to be discharged, 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.
8 the magistrate before whom a fugitive is brought under this
ordinance shall, at the conclusion of the case, send a report thereon to
the governor.
9-(1) it shall be lawful for the governor-in-council, if, in the discretion
of the governor-in-council, it seems fit, after expiration of
fifteen days from the date of the committal of a fugitive by a magistrate
or, in case of any procceding by appeal or writ of habeas corpus, then
subject to the decision of the supreme court thereon, and subject also
to the provision of sections 10 and 11, by order directed to the super-
intendent of the gaol and hereinafter called an extradition order, to
order the fugitive so committed to be delivered to such person as may,
by warrant under the hand and seal of the governor of macao, be
authorized to receive him, and the fugitive shall be delvered up accordingly.
(2) the person authorized as aforesaid may hold the fugitive in
custody and convey him to any place within the territory of macao, and
if the fugitive escapes out of any custody to which he is committed or
to which 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 and extradition order
without further delay.
10 no extradition order shall be granted by the governor-in-council
in any case where, in the opinion of the governor-in-council, the requisition
for the extradition of the fugitive has been made for political
reasons or a political offence is involved in the crime charged; but it
shall not be open to the fugitive to claim his discharge from custody on
such ground before any judge or magistrate, and any attempt against
the life of the governor or of any public officer or member of the
government of macao shall not be deemed a political offence.
11 no extradition order shall be granted by the governor-in-council
in respect of any fugitive who is undergoing any sentence of imprison-
ment 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 expiration
or previous determination of such sentence or of any sentence
which may be pronunced upon his trial for such crime or offence or
until his acquittal or the abandonment of such charge.
12 the governor-in-council may at any time issue an order directed
to the superintendent of the gaol for the release of any fugitive in
custody under this ordinance in respect of whom the governor-in-
council does not think fit to issue an extradition warrant, and thereupon
the fugitive shall be forthwith discharged from such custody.
13 where any fugitive who has ben committed under this ordinance
is not delivered up pursuant thereto, and conveyed out of this
colony within one month after the date of such committal, the chief
justice may at any time, on application made to him by or on behalf of
the fugitive and on its being proved, to his satisfaction, that reasonable
notice of the intention to make such application has been given to the
crown solicitor, orfer 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 the fugitive
has appealed to the supreme court or has applied for a writ of
habeas corpus, the said period of one month shall be computed from the
date of the decision of the supremem court upon such proceeding, and in
every case within section11 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 specified in
such order, and not included in the first schedule to this ordinance,
shall form part therof, and from and after the date of the publication
of such order the several crimes and offences specified therein shall come
within the operation of this ordinance as if the same had been originally
included in the said schedule.
15 the governor-in-council may at any time, by order to be published
in the gazette, declare that any crime or offence specified in the first
schedule to this ordinance, or which may hereafter be added to the said
schedule as hereinbefore provided, shall no longer form part therof,
and from and after the date of the publication fo such order such crime
or offence shall cease to come within the operation of this ordinance.
16 all expenses incident to the apprehension, detention, maintenance,
and delivery of a fugitive under this ordinance shall be borne by this colony.
17 if any action is brought against a magistrate, 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 shall be a sufficient 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 thier favour, and shall also be entitled to
his or their full costs of the action.
18 the forms i nthe second schedule to this ordinance or forms to
the like effect, ith such variations and additions as circumstances may
require, may be used for the puposes therein indicated, and instruments
in those fomrs shall (as regards the form thereof) be valid and sufficient.
19 in case the governor-in-council deems it expedient that this
ordinance or any part therof should be repealed or the operation thereof
suspended for any period, it shall be lawful for the governor of this
colony, by proclamation in the gazette, to declare that this ordinance
or any part thereof is repealed or shall be suspended in its operation for
any period, and rom the date of the publication of such proclamation
the said ordinance or such part thereof as may be specified in the pro-
clamation shall be deemed to be repealed or suspended accordingly.
SCHEDULES.
THE FIRST SCHEDULE.
LIST OF CRIMES AND OFFENCES.
the following list of crimes and offences is to be construed according to th
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 commencement of this ordiance.
1 murder, and attempt and conspiracy to murder.
2 manslaughter.
3 wounding with intent to do grievous bodily harm.
4 counterfeiting and altering money and uttering counterfeit or altered
money.
5 forgery, counterfeiting, and altering, and uttering what is forged or
counterfeited or altered.
6 lareeny and embezzlement.
unlawfully receiving stolen property.
8 obtaining money or goods by false prefences.
9 crimes by bankrupts against bankruptey law.
10 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.
11 rape.
12 abduction, or focible taking or detainion.
13 child-stealing.
14 burglary and housebreaking
15 arson
16 robbery with violence.
17 threats by letter or otherwise, with intent to extort
18 piracy by law of nations or municipal law.
19 sinking or destroying a vessel at sea, or attempting or conspirign to do so
20 assault on board a ship on the hgih seas, wiht intent to destroy life or
to do grievous bodily harm.
21 revolt or conspiracy to revolt by two or more persons on board a ship
on the high ses against the authority of the master
22 desertion from the naval, military, or police force.
THE SECOND SCHEDULE.
FORMS
FORM NO.1
Governor's Warrant to Police Magistrates
THE MACAO EXTRADITION ORDINANCE, 1881.
HONGKONG
By his excellency governor and commander-in-
chief of this colony and its dependencies.
to police magistrates
whereas requisition has been duly made to me, pursuant to the above mentioned
ordinance, for the surrender of one 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 accordingly, and to aid in apprehending
the said fugitive and in committing him to goal for the purpose of
his being delivered up to justice according to the provisions of the above-
mentioned ordinance; and for so doing this shall be your warrant.
given under my hand and seal at victoria, hongkong, this day of
, I .
[L.S.] (signed)
governor, Sc.
by order,
(signed)
colonial secretary FORM NO.2
Warrant of Apprehension.
THE MACAO EXTRADITION ORDIANCE, 1881.
to all and each of the constables of the hongkong police
force
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-mentioned ordinance,
requisition has been 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 above-mentioned ordinance,
wherever he may be found in this colony, and to bring him before me or any
other police magistrate sitting in this court to answer to the said charge;
and for so doing this shall be your warrant.
given under my hand an seal, at the magistrates' court of this colony,
this day of , I .
[L.S.] (signed)
police magistrate.
FORM NO.3
Order to Superintendent of Gaol to bring up Prisoner.
THE MACAO EXTRADITION ORDINANCE, 1881.
HONGKONG.
To the superindendent of victoria gaol.
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-mentioned ordinance,
requisition has been been duly made to him for delivering up to justice one
within the territory of macao and with
being a fugitive from justice, and has directed the police magistrates to govern
themselves accordingly for the pupose 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 forthwith before me or any
other police magistrate sitting in this court to dealt with as provided by law.
given under my hand an seal, at the magistrates' court of this colony,
this day of , I .
[L.S.] (signed)
police magistrate.
FORM NO. 4
Warrent of Committed.
THE MACAO EXTRADITON ORDIANCE, 1881.
To one of the constables of the
hongkong police force, and to the superintendent of victoria
gaol.
whereas on the day of , I ,
late of was brought before me
one of the polcie magistrates sitting at the magistrates' 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 criminalit of the said is,
in my opinion, sufficient to justify his committal to gaol, pursuant to section
6 of the above-mentioned 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 superintendent
of victoria gaol: and yu, the said superintendent, to receive the
said into your custody in the said gaol and him there
saftely to keep until he shall be thence delivered, pursuant to the provisions
of the above-mentioned ordinance: and for so doing this shall be your warrant.
given under my hand an seal, at the magistrates' court of this colony,
this day of , I .
[L.S.] (signed)
police magistrate.
FORM NO. 5
Petition of Fugitive for Order of Appeal.
THE MACAO EXTRADITON ORDIANCE, 1881.
HONGKONG.
To the supreme court of hongkong.
the humble petition of a prisoner in victoria
gaol,-
showeth:
1 that your petitioner was, on the day , I , committed to goal by , Esquire, police
magistrate, as a fugitive from justice, there to await the order of his
excellency the governor, under the provisions of the above-mentioned
ordinance.
2 that your peitioner has been advised[or believes] that the said order
of committal ought to be reversed on the following grounds; that is to say,-
[state grounds]
3 that your petitioner has given notice to the magistrate of his desire to
appeal against the said order, but the magistrate has refused to grant the
said appeal.
your petitioner therfore humbly prays that this honourable court will be
pleased to order that the said appeal be granted.
and your petitioner will ever pray, &c., &c.
dated the day of , I .
FORM NO.6
Noticee to the Crown Solicitor of the Magistrate's intention to discharge
the fugitive or of the fugitive's appeal.
THE MACAO EXTRADITION ORDINANCE, 1881.
HONGKONG.
To Esquire, Crown Solicitor.
whereas one has been brought before ,
esquire, one of the police magistrates, charged with having on the day
of , I , committed the crime of
within the territory of macao and with being a fugitive from justice; 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 provisons of the above-mentioned
ordinance; and whereas, by reason therof, the said magistrate intends to
make an order for his discharge on nex, the day of
, I , at the hour of [or and whereas the said magistrate has
ordered the committed 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[or appeal], pursuant to section 7 of the above-metnioned
ordinance.
dated the day of , I .
(signed)
magistrate's clerk FORM NO. 7
Magistrate's Order of Discharge.
THE MACAO EXTRADITON ORDIANCE, 1881.
To superintendent of victoria gaol.
whereas on the day of , I ,
late of was brought before me
one of the polcie magistrates sitting at the magistrates' court of this colony,
charged with having committed on the day of ,
I , within the territory of macao, the crim of
and with being a fugitive from justice: and whereas the evidence which has
been shown to me of the criminalit of the said is,
in my opinion, sufficient to justify his committal to gaol, pursuant to section
6 of the above-mentioned Ordinance: you are hereby ordered to discharge the
said from your
custody in the said gaol under the said ordinance; and for so doing this shall
be your warrant.
given under my hand an seal, at the magistrates' court of this colony,
this day of , I .
[L.S.] (signed)
police magistrate.
FORM NO. 8
Extradition Order of Governor-in-Council.
THE MACAO EXTRADITON ORDIANCE, 1881.
HONGKONG.
To superintendent of victoria gaol.
whereas on the day of , I , one
was committed to gaol as a fugitive under the provisions of the above-men-
tioned ordinance; and whereas the is now in victioria
gaol in your custody under the said committal; and whereas it has been
determined that the said fugitive shall be surrendered to the government of
macao: you are hereby order 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.
approved in council this day of , I .
(signed)
governor, &c.
(signed)
clerk of councils.
FORM NO. 9
Order of Release by Governor-in-Council.
THE MACAO EXTRADITON ORDIANCE, 1881.
HONGKONG.
To superintendent of victoria gaol.
whereas one is now in your custody as a fugitive
under the provisions of the above-mentioned Ordinance; and whereas it has
been determined that no extradition order shall be granted in respect of the
said fugitive: you are hereby ordered to release the said
from custody under the above-mentioned Ordinance.
approved in council this day of , I .
(signed)
Covernor, &c.
(signed)
Clerk of Councils.
A.D. 1881. Ordinance No. 1 of 1881. Short title. Interpretation of terms. Issue by Governor to Police Magistrates or warrant to apprehend criminal fugitive from Macao. First Schedule. Second Schedule: Form No. 1. Issue of warrant by Magistrate. Second Schedule: Forms Nos.2 and 3. Proceedings before Magistrate. Commital by Magistrate. Second Schedule: Form No. 4. Second Schedule: Form No. 5. Form No. 6; Form No. 7. Report by Magistrtate to Governor. Order by Governor-in-Council for delivery up of fugitive. Second Schedule: Form No. 8. Exception as to political offences. Case of fugitive undergoing sentence in the Colony, etc. Power to Governor-in-Council to issue order of release. Second Schedule: Form No. 9. Right of fugitive to apply to Chief Justice for discharge, if not delivered up within certain time. Power to add to list of crimes and offences. Power to expunge crime or offence from list. Expenses of extradition. Protection of Magistrate, etc., acting under the Ordinance. Use of forms. Second Schedule. Power to Governor-in-Council to repeal to suspend the Ordinance or part thereof. Section 3. Section 18. Section 3. Section 4. Section 4. Section 6. Section 7. Section 7. Section 7. Section 9. Section 12.
Abstract
A.D. 1881. Ordinance No. 1 of 1881. Short title. Interpretation of terms. Issue by Governor to Police Magistrates or warrant to apprehend criminal fugitive from Macao. First Schedule. Second Schedule: Form No. 1. Issue of warrant by Magistrate. Second Schedule: Forms Nos.2 and 3. Proceedings before Magistrate. Commital by Magistrate. Second Schedule: Form No. 4. Second Schedule: Form No. 5. Form No. 6; Form No. 7. Report by Magistrtate to Governor. Order by Governor-in-Council for delivery up of fugitive. Second Schedule: Form No. 8. Exception as to political offences. Case of fugitive undergoing sentence in the Colony, etc. Power to Governor-in-Council to issue order of release. Second Schedule: Form No. 9. Right of fugitive to apply to Chief Justice for discharge, if not delivered up within certain time. Power to add to list of crimes and offences. Power to expunge crime or offence from list. Expenses of extradition. Protection of Magistrate, etc., acting under the Ordinance. Use of forms. Second Schedule. Power to Governor-in-Council to repeal to suspend the Ordinance or part thereof. Section 3. Section 18. Section 3. Section 4. Section 4. Section 6. Section 7. Section 7. Section 7. Section 9. Section 12.
Identifier
https://oelawhk.lib.hku.hk/items/show/598
Edition
1901
Volume
v1
Cap / Ordinance No.
No. 1 of 1881
Number of Pages
13
Files
Collection
Historical Laws of Hong Kong Online
Citation
“MACAO EXTRADITION ORDINANCE, 1881,” Historical Laws of Hong Kong Online, accessed May 12, 2025, https://oelawhk.lib.hku.hk/items/show/598.
