NORTH BORNEO EXTRADITION ORDINANCE, 1896
Title
NORTH BORNEO EXTRADITION ORDINANCE, 1896
Description
ORDINANCE No. 1 OF 1896.
North Borneo Extradition
AN ORDINANCE to provide for the Extradition of Fugitive
Criminals from the Territory of the British North Borneo
Company.
[17th March,1896.]
WHEREAS persons who have committed certain crimes or
offences within the Territory of the British North Borneo
Company may escape to this Colony,and it is expedient to provide for
the apprehension of such fugitive criminals from justice and for their
surrender to the Government of British North Borneo,in order that
they may be dealt with according to law:
BE it therefore enacted by the Governor of Hongkong,with the advice
and consent of the Legislative COuncil thereof,as follows:-
1.This Ordinance may be cited as the North Borneo Extradition
Ordinance,1896.
2.In this Ordinance,unless the context otherwise requires,-
'The Gvoernor of North Borneo' means the Governor of the
Territory of the British North Borneo Company and includes the
person for the time being administering the Gvoernment of such
Territory:
'North Broneo' means the Territory of the Bristish North Borneo
Company:
'Extradition Crime' means any crime or offence which,if com-
mitted in this Colony,would be one of the crimes or offences
mentioned in the First Schedule to this Ordinance:
'Fugitive Criminal ' means any person accused or convicted of an
extradition crime committed within the jurisdiction of North
Borneo who is or is suspected of being in this Colony:
The extradition crimes mentioned in the said First Schedule ashall be
construed according to the law in force in the Colony at the date of
the alleged extradition crime:
Provided always that 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
said First Schedule shall form part thereof,and,from and after the
date of the publication of such Order,the crime or offence specified
therein shall come within the operation of this Ordinance as if the
same had been originally included in the said Schedule:Provided,
also,that 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 said First Schedule 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 crime or offence shall cease to come within the
operation of this Ordinance.
3.The following restrictions shall be observed with respect to the
surrender of fugitive criminals:-
(1.)a fugitive criminal shall not be surrendered if the crime or
offence in respect of which his surrender is demanded is one of a
political character or is he proves,to the satisfaction of the
Magistrate,or of a Judge of the Supreme Court,if brought before
the Court on a writ of Habeas Corpus,or of the Governor,that the
requisition for his surrender has in fact been made with a view
to try or punish him for a crime or offence of a politival character
or for crime or offence which is not an extradition crime;and
(2.)a fugitive criminal who has been accused of a crime or offence
in the Colony,not being the extradition crime for which his
surrender is demanded,or who is undergoing sentence under any
conviction in the Colony,shall not be surrendered until after he
has been discharged,whether by acquittal or on expiration of his
sentence or otherwise.
4.Every fugitive criminal shall be liable to be apprehended and
surrendered in the manner provided by this Ordinance,whether the
extradition crime in respect of which the surrender is demanded was
committed before or after the commencement of this Ordinance,and
whether there is or is not any concurrent jurisdiction in any Court in
the Colony over that time.
5.Whenever a requisition for the surrender of a fugitive criminal is
made to the Gvoernor by the Governor of North Broneo,the Governor
may,by order under his hand and seal,signify to a Magistrate that
such requisition has been made,and require him to issue his warrant
for the apprehension of the fugitive criminal.
6.A Magistrate,on receipt of the said order,shall issue his warrant
for the apprehension of the fugitive criminal,or,if the fugitive criminal is already in custody,shall issue his order to all necessary persons to
bring the fugitive criminal before him to be dealt with according to this
Ordinance.
7.-(1.)A Magistrate may also issue his warrant for the appre-
hension of a fugitive criminal on such information or complaint as
would,in his opinion justify the issue of a warrant if the alleged
extradition crime had been committed in the Colony.
(2.)A fugitive criminal apprehended on a warrant so issed shall be
discharged by the Magistrate,unless the Magistrate,within such time
as,with reference to the circumstances of the case,he may think
reasonable,receives from the Governor an order signifying that a
requisition has been for the surrender of such fugitive criminal.
8.-(1.)When a fugitive criminal is brought before a Magistrate,he
shall hear the case in the same manner and have the same jurisdiction
and powers,as nearly as may be,as if the prisoner were brought before
him charged with an indictable offence committed in the Colony:
Provided always that-
(a.)copies of depoistions signed or taken before any Judge or
other competent Magistrate having authoroty in North Borneo
to take cognizance of the crime charged,and authenticated in
the manner hereinafter provided,may be received in evidence of
the criminality of such fugitive criminal;
(b.)in the case of a person convicted in North Borneo of an
extradition crime,a copy of the conviction,authenticated in the
manner hereinafter provided,may be received in evidence ,and
shall,where the Magistrate is satisfied that such person is,
according to the law of North Borneo,unlawfully at large,
justify the Magistrate in committing such person to Victoria
Gaol to await the further order of the Gvoernor without re-
opening the case;
(c.)in every case proof of ther identity of the fugitivw criminal
must be given,to the satisfaction of the Magistrate;
(d.)warrants of arrest and copies of depositions,signed or takne
before any such Judge or other competent Magistrate as
aforesaid,and copies of convictions,shall be received in
evidence,if the warrant of arrest purports to be signed by such
Judge or Magistrate,and if the copies of depositions purport
to be certified under thwe hand of such Judge or Magistrate to
be true copies of the original depositions ,and if the copy of
the conviction purports to be certified under the hand and
official seal of the Gvoernor of North Borneo to be a true copy
of the original conviction.The signature of every such Judge or Magistrate and his authority to take cognizance of the
crime or offence charged shall be sufficienetly proved if the
document purports to be sealed with the official seal of the
Governor of North Borneo,and all Courts of Justice in the
Colony shall,for the purposes of this Ordinance,take judicial
notice of such seal,and shall admit the document so authen-
ticated by it to be received in evidence without further proof;
and
(e.)the 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 criminal,if he so desires,and he shall be asked if
he has any valid cause to show why he should not be com-
mitted to gaol to await the order of the Gvoernor.
(2.)The Magistrate shall receive any evidence which may be tendered
to show that the crime or offence of which the fugitive criminal is
accused is a crime or offence of a political character or is not an
extradition crime.
9.-(1.)If,at the hearing before a Magistrate,such evidence is
produced as would,subject to the provisions of this Oridnance,justify
the committal of the fugitive criminal for trial at the Supreme Court if
the extradition crime of which he is accused had been committed in the
Colony,and in cases of conviction provided for by seciton 8(1.)(b.),the
Magistrate shall commit him to Victoria Gaol to await the further order
of the Governor,but otherwise shal order him to be discharged.
(2.)If the Magistrate commits the fugitive criminal to Victoria Gaol,
he shall thereupon inform the fugitive criminal that he will not of
such committal and that he has a right to apply to the Supreme Court
for a writ of Habeas Corpus,and the Magistrate shall forthwith send to
the Governor the depositions and other evidence in the case,together
with a report thereon.
10.Before ordering a fugitive criminal to be discharged the
Magistrate shall cause notice of his intention to make such order to be
served on the Crown Solicitor.
11.The Magistrates Ordinance,1890,so far as it relates to appeals
from the decisions of Magistrates,shall not apply to proceedings under
this Oridnance.
12.-(1.)On the expiration of fifteen days from the date of the
Magistrate's order of committal,or,if a writ of Habeas Corpus has been
issued and if,on the return to the writ,the Supreme Court has not
discharged the fugitive criminal,immediately after decision of the Court,or after such further period in either case as the Governor may
allow,the Governor may,be warrant under his hand and seal,order
the fugitive criminal to be surrendered to such person as the Governor
considers to be authorized to receive him on behalf of the North Borneo
authorities,and the fugitive criminal shall be surrendered accordingly.
(2.)If the fugitive criminal while in the Colony escapes out of any
custody into which he has been delivered in pursuance of a Magistarte's
warrant as aforesaid,it shall be lawful for any Police officer or constbale
to take him without warrant and to restore him to the custody from
which he has escaped,and for the person from whose custody the fugiticw
criminal has escaped to retake him or receive him from such Police officer
or constable and to hold him at all times as upon the original warrant.
13.Except where any proceedings are actually pending upon a writ
of Habeas Corpus before the Supreme Court,and in such case with the
concurrence in writing of the Judge having cognizance thereof,the
Governor may at any time ,by order under his hand and seal,discharge
a fugitive criminal from custody.
14.If a fugitive criminal who has been committed to prison under
this Ordinance to await the order of the Governor is not surrendered
and conveyed out of the Colony within two months after such committal,
or within two months after the determination of any proceedings upon
a writ of Habeas Corpusmas the case may be,any Judge of the Supreme
Court may,on application made to him by or on behalf of the
fugitive criminal and on proof that reaonable notice of the intention
to make such application has been given to the Crown Solicitor,order
the fugitive criminal to be discharged out of custody,unless sufficient
cause is shown to the contrary.
15.Every person who is accused or convicted of having counselled,
procured,commanded,aided,or abetted the commission of any extra-
dition crime or of being accessory before the fact to any extradition
crime shall be deemed,for the purposes of this Ordinance,to be accused
or convicted of having committed such crime,and shall be liable to be
apprehended and surrendered accordingly.
16.If any action or suit is brought against a Magistrate,the
Superintendent of Victoria Gaol,gaoler,Police officer,constable,or
any other person for anything done under or in obedience to any
warrant or order issued under the provisions of this Ordinance to any
proof of such warrant or order shall be sufficient answer to such action
or suit,and ther defendant ,on such proof as aforesaid,shall be entitled
to a verdict or judgment accordingly and shall also entitled to all
costs or suit. 17.The forms in the Second Schedule to this Oridnance or forms
to the like effect,with such variations and additions as circumstances
require,may be used for the purposes therein indicated and according
to the directions therein contained,and instruments in those forms shall
(as regards the form thereof) be valid and sufficient.
SCHEDULES.
THE FIRST SCHEDULE.\
LIST OF EXTRADITION CRIMES.
1.Murder and attempt to murden.
2.Manslaughter.
3.Malicious wounding.
4.Counterfeiting or altering money,or uttering or bringing into circu-
lation counterfeit or altered money.
5.Forgerym,or counterfeiting,or altering,or uttering what is forged,or
counterfeited,or altered,comprehending the crimes designated in the laws of
the Colony as counterfeiting or falsification of paper money,bank notes,or
other securities ,forgery or other falsification of other public or private docu-
ments,likewise the uttering,or bringing into circulation,or wilfully using such
counterfeited,forged,or falsified papers.
6.Embezzlement or larcent.
7.Receiving stolen goods.
8.Obtaining money or goods by false pretences.
9.Crime against bankruptcy law.
10.Fraud committed 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/
13.Child-stealing.
14.Kidnapping.
15.False imprisonment.
16.Burglary or house-breaking.
17.Arson.
18.Robbery with violence.
19.Threats by letter or otherwise,with intent to extort.
20.Piracy,whether by the law of nations or by municipal law.
21.Sinking or destroying a vessel at sea,or attempting to do so.
22.Assault on board a ship on the high seas,with intent to destroy life
or to do grievous bodily harm.
23.Revolt,or conspiracy to revolt,by two or more persons on board a
ship on the high seas,against the authority of the master.
24.Perjury or subornation of perjury. 25.Malicious injury to property ,if the offence is indictable.
26.Any insictable offence under the Offences against the Person Or-
dinance,1865,or any Ordinance amending or substituted for the same,
which is not included in the foregoing list.
27.Any indictable offence under the Forgery Ordinance,1865,ro any Or-
dinance amending or substituted for the same,which is not included in the
foregoing list.
28.Any indictable offence under the Larceny Ordinance,1865,ro any Or-
dinance amending or substituted for the same,which is not included in the
foregoing list.
29.Any indictable offence under the Coinage Ordinance,1865,ro any Or-
dinance amending or substituted for the same,which is not included in the
foregoing list.
THE SECOND SCHEDULE.
FORMS.
FORM No.1.
Order by the Governor to a Magistrate to issue his Warrant.
By His Excellency Governor and Commander-in-Chief of
the Colony of Hongkong and its Dependencies.
To Police Magistrate.
WHEREAS requisition has been made to me by
for the surrender of late of
accused of the commission of the crime of within the
jurisdiction of North Borneo:Now I hereby,by this order under my hand
any seal,signify to you that such requisition has been made,and require you
to issue your warrant for the apprehension of such fugitive.
GIVEN under my hand and seal at Victoria,Hongkong,this day of
1.
(Signed.)
Governor.
By Command,
(Signed.)
Colonial Secretary.
FORM No.2.
Warrant of Apprehension by Order of the Gvoernor.
HONGKONG.
IN THE POLICE COURT AT
To all and each of the Constables of the Colony.
WHEREAS His Excellency the Governor by
order under his hand and seal,has signified to me that requisition has been
duly made to him for the surrender of late of
accused of the commission of the crime of within the jurisdiction of North Borneo:This is,therefore,to command you,in Her
Majesty's name,forthwith to apprehend the said
wherever he may be found in the Colony,and bring him before me or some
other Magistrate sitting in this Colony,to show cause why he should not be
surrendered in pursuance of the North Borneo Extradition Ordinance,1896,
for which this shall be your warrant.
Dated this day of 1 .
(Signed.)
Magistrate.
FORM No. 3.
Order to bring a Magistrate a Fugitive Criminal already in Custody.
HONGKONG.
IN THE POLICE COURT AT
To the Superintendent of Victoria Gaol and to all and each of the Con-
stables of the Colony.
WHEREAS His Excellency the Govenror by
order under his hand and seal,has signified to me that requisition has been
duly made ot him for the surrender of late of
accused of the commission of the crime of within the
jurisdiction of North Borneo:This is,therefore,to command you,in Her
Majesty's name,forthwith to bring the said before me or some
other Magistrate sitting in this Court,to be dealt with according ot the
provisions of the North Borneo Extradition Ordinance,1896;for which this
shall be your warrant.
Dated this day of 1 .
(Signed.)
Magistrate.
FORM No.4.
Warrant of Apprehension without Order of the Governor.
HONGKONG.
IN THE POLICE COURT AT
To all and each of the Constables of the Colony.
WHEREAS it has been shown to the undersigned,a Magistrate for the
said Colony,that late of is accused of the
commission of the crime of within the jurisdiction of North
Borneo:This is,therefore,to command you,to be further dealt with according ot
law;for which this shall be your warrant.
Dated this day of 1.
(Signed.)
Magistrate. FORM No.5.
Warrant of Committal.
HONGKONG.
IN THE POLICE COURT AT
To one of the Constables of the said Colony,and to the
Superintendent of Victoria Gaol.
On this day of 1, late of is brought
before me, a Magistrate of the said Colony,to show cause why he should not
be surrendered in pursuance of the North Bornwo Extradition Ordinance,
1896,on the ground of his being accused of the commission of the crime of
wihtin the jurisdiction of North Borneo;and forasmuch as no
sufficient cause has been shown to me why he should not be surrendered in
pursuance of the said 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 you,the said Superintendent ,to receive the said
nto your custody,and him there safely to keep until he is thence delivered
pursuance to the provisions of the said North Borneo Extradition Ordinance,
1896;for which this shall be your warrant.
Dated this day of 1
(Signed.)
Magistrate.
Form No.6.
Warrant of the Governor for the Surrender of a Fdugitive Criminal.
By His Excellency Governor and Commander-in-Chief
of the Colony of Hongkong and its Dependencies.
To the Superintendent of Victoria Gaol and to
HONGKONG
to wit.}
WHEREAS late of accused of the com-
mission of the crime of within the jurisdiction of North
Borneo,was delivered into the custody of you, the Super-
intendent of Victoria Gaol,by warrant dated the day of
1, pursuant to the North Borneo Extradition Ordinance,1896:Now I
do hereby,in pursuance of the said Ordinance,order you,the said Super-
intendent,to deliver the body of the said into the custody of
the said and I command you the said to
receive the said into your custody,and t convey him
and there place him into the custody of who is authorized by the North Borneo authorities to receive him;for which the
shall be your warrant.
GIVEN under my hand and seal at Victoria,Hongkong,this day of
1.
(Signed.)
Governor.
By Command,
(Signed.)
Colonial Secretary.
FORM No.7.
Order of Discharge by the Governor.
By His Excellency Governor and Commander-in-Chief of
the Colony of Hongkong and its Dependencies.
To the Superintendent of Victoria Gaol.
WHEREAS one is now in your custody as a fugitive
criminal under the provision of the North Borneo Extradition Ordinance,
1896;and whereas it has been determined that no warrant shall be granted
for the surrender of the said:Now I do hereby order and
require you to discharge the said from custody under the
said Ordinance.
GIVEN under my hand and seal at Victoria,Hongkong,this day of
1.
(Signed.)
Governor.
By Command,
(Signed.)
Colonial Secretary.
A.D. 1896. Ordinance No. 3 of 1896. Short title. Interpretation of terms. First Schedule. Restrictions on surrender of fugitive criminal. Liability of fugitive criminal to be surrendered. Requisition to Governor and order to Magistrate for warrant of apprehension. Duty of Magistrate on receipt of order. Power to issue warrant as in ordinary case. Procedure on fugitive criminal being brought before Magistrate. Committal to prison or discharge. Notice to Crown Solicitor before discharge. Barring of appeal. No. 3 of 1890. Warrant of surrender, etc. Power to Governor to order discharge. Discharge if not surrendered within two months, or on application to a Judge. Aiders and abettors in extradition crime. Protection of Magistrate and others acting under warrant. Use of forms. Second Schedule. Section 2. No. 2 of 1865. No. 4 of 1865. No. 5 of 1865. No. 7 of 1865. Section 17.
North Borneo Extradition
AN ORDINANCE to provide for the Extradition of Fugitive
Criminals from the Territory of the British North Borneo
Company.
[17th March,1896.]
WHEREAS persons who have committed certain crimes or
offences within the Territory of the British North Borneo
Company may escape to this Colony,and it is expedient to provide for
the apprehension of such fugitive criminals from justice and for their
surrender to the Government of British North Borneo,in order that
they may be dealt with according to law:
BE it therefore enacted by the Governor of Hongkong,with the advice
and consent of the Legislative COuncil thereof,as follows:-
1.This Ordinance may be cited as the North Borneo Extradition
Ordinance,1896.
2.In this Ordinance,unless the context otherwise requires,-
'The Gvoernor of North Borneo' means the Governor of the
Territory of the British North Borneo Company and includes the
person for the time being administering the Gvoernment of such
Territory:
'North Broneo' means the Territory of the Bristish North Borneo
Company:
'Extradition Crime' means any crime or offence which,if com-
mitted in this Colony,would be one of the crimes or offences
mentioned in the First Schedule to this Ordinance:
'Fugitive Criminal ' means any person accused or convicted of an
extradition crime committed within the jurisdiction of North
Borneo who is or is suspected of being in this Colony:
The extradition crimes mentioned in the said First Schedule ashall be
construed according to the law in force in the Colony at the date of
the alleged extradition crime:
Provided always that 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
said First Schedule shall form part thereof,and,from and after the
date of the publication of such Order,the crime or offence specified
therein shall come within the operation of this Ordinance as if the
same had been originally included in the said Schedule:Provided,
also,that 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 said First Schedule 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 crime or offence shall cease to come within the
operation of this Ordinance.
3.The following restrictions shall be observed with respect to the
surrender of fugitive criminals:-
(1.)a fugitive criminal shall not be surrendered if the crime or
offence in respect of which his surrender is demanded is one of a
political character or is he proves,to the satisfaction of the
Magistrate,or of a Judge of the Supreme Court,if brought before
the Court on a writ of Habeas Corpus,or of the Governor,that the
requisition for his surrender has in fact been made with a view
to try or punish him for a crime or offence of a politival character
or for crime or offence which is not an extradition crime;and
(2.)a fugitive criminal who has been accused of a crime or offence
in the Colony,not being the extradition crime for which his
surrender is demanded,or who is undergoing sentence under any
conviction in the Colony,shall not be surrendered until after he
has been discharged,whether by acquittal or on expiration of his
sentence or otherwise.
4.Every fugitive criminal shall be liable to be apprehended and
surrendered in the manner provided by this Ordinance,whether the
extradition crime in respect of which the surrender is demanded was
committed before or after the commencement of this Ordinance,and
whether there is or is not any concurrent jurisdiction in any Court in
the Colony over that time.
5.Whenever a requisition for the surrender of a fugitive criminal is
made to the Gvoernor by the Governor of North Broneo,the Governor
may,by order under his hand and seal,signify to a Magistrate that
such requisition has been made,and require him to issue his warrant
for the apprehension of the fugitive criminal.
6.A Magistrate,on receipt of the said order,shall issue his warrant
for the apprehension of the fugitive criminal,or,if the fugitive criminal is already in custody,shall issue his order to all necessary persons to
bring the fugitive criminal before him to be dealt with according to this
Ordinance.
7.-(1.)A Magistrate may also issue his warrant for the appre-
hension of a fugitive criminal on such information or complaint as
would,in his opinion justify the issue of a warrant if the alleged
extradition crime had been committed in the Colony.
(2.)A fugitive criminal apprehended on a warrant so issed shall be
discharged by the Magistrate,unless the Magistrate,within such time
as,with reference to the circumstances of the case,he may think
reasonable,receives from the Governor an order signifying that a
requisition has been for the surrender of such fugitive criminal.
8.-(1.)When a fugitive criminal is brought before a Magistrate,he
shall hear the case in the same manner and have the same jurisdiction
and powers,as nearly as may be,as if the prisoner were brought before
him charged with an indictable offence committed in the Colony:
Provided always that-
(a.)copies of depoistions signed or taken before any Judge or
other competent Magistrate having authoroty in North Borneo
to take cognizance of the crime charged,and authenticated in
the manner hereinafter provided,may be received in evidence of
the criminality of such fugitive criminal;
(b.)in the case of a person convicted in North Borneo of an
extradition crime,a copy of the conviction,authenticated in the
manner hereinafter provided,may be received in evidence ,and
shall,where the Magistrate is satisfied that such person is,
according to the law of North Borneo,unlawfully at large,
justify the Magistrate in committing such person to Victoria
Gaol to await the further order of the Gvoernor without re-
opening the case;
(c.)in every case proof of ther identity of the fugitivw criminal
must be given,to the satisfaction of the Magistrate;
(d.)warrants of arrest and copies of depositions,signed or takne
before any such Judge or other competent Magistrate as
aforesaid,and copies of convictions,shall be received in
evidence,if the warrant of arrest purports to be signed by such
Judge or Magistrate,and if the copies of depositions purport
to be certified under thwe hand of such Judge or Magistrate to
be true copies of the original depositions ,and if the copy of
the conviction purports to be certified under the hand and
official seal of the Gvoernor of North Borneo to be a true copy
of the original conviction.The signature of every such Judge or Magistrate and his authority to take cognizance of the
crime or offence charged shall be sufficienetly proved if the
document purports to be sealed with the official seal of the
Governor of North Borneo,and all Courts of Justice in the
Colony shall,for the purposes of this Ordinance,take judicial
notice of such seal,and shall admit the document so authen-
ticated by it to be received in evidence without further proof;
and
(e.)the 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 criminal,if he so desires,and he shall be asked if
he has any valid cause to show why he should not be com-
mitted to gaol to await the order of the Gvoernor.
(2.)The Magistrate shall receive any evidence which may be tendered
to show that the crime or offence of which the fugitive criminal is
accused is a crime or offence of a political character or is not an
extradition crime.
9.-(1.)If,at the hearing before a Magistrate,such evidence is
produced as would,subject to the provisions of this Oridnance,justify
the committal of the fugitive criminal for trial at the Supreme Court if
the extradition crime of which he is accused had been committed in the
Colony,and in cases of conviction provided for by seciton 8(1.)(b.),the
Magistrate shall commit him to Victoria Gaol to await the further order
of the Governor,but otherwise shal order him to be discharged.
(2.)If the Magistrate commits the fugitive criminal to Victoria Gaol,
he shall thereupon inform the fugitive criminal that he will not of
such committal and that he has a right to apply to the Supreme Court
for a writ of Habeas Corpus,and the Magistrate shall forthwith send to
the Governor the depositions and other evidence in the case,together
with a report thereon.
10.Before ordering a fugitive criminal to be discharged the
Magistrate shall cause notice of his intention to make such order to be
served on the Crown Solicitor.
11.The Magistrates Ordinance,1890,so far as it relates to appeals
from the decisions of Magistrates,shall not apply to proceedings under
this Oridnance.
12.-(1.)On the expiration of fifteen days from the date of the
Magistrate's order of committal,or,if a writ of Habeas Corpus has been
issued and if,on the return to the writ,the Supreme Court has not
discharged the fugitive criminal,immediately after decision of the Court,or after such further period in either case as the Governor may
allow,the Governor may,be warrant under his hand and seal,order
the fugitive criminal to be surrendered to such person as the Governor
considers to be authorized to receive him on behalf of the North Borneo
authorities,and the fugitive criminal shall be surrendered accordingly.
(2.)If the fugitive criminal while in the Colony escapes out of any
custody into which he has been delivered in pursuance of a Magistarte's
warrant as aforesaid,it shall be lawful for any Police officer or constbale
to take him without warrant and to restore him to the custody from
which he has escaped,and for the person from whose custody the fugiticw
criminal has escaped to retake him or receive him from such Police officer
or constable and to hold him at all times as upon the original warrant.
13.Except where any proceedings are actually pending upon a writ
of Habeas Corpus before the Supreme Court,and in such case with the
concurrence in writing of the Judge having cognizance thereof,the
Governor may at any time ,by order under his hand and seal,discharge
a fugitive criminal from custody.
14.If a fugitive criminal who has been committed to prison under
this Ordinance to await the order of the Governor is not surrendered
and conveyed out of the Colony within two months after such committal,
or within two months after the determination of any proceedings upon
a writ of Habeas Corpusmas the case may be,any Judge of the Supreme
Court may,on application made to him by or on behalf of the
fugitive criminal and on proof that reaonable notice of the intention
to make such application has been given to the Crown Solicitor,order
the fugitive criminal to be discharged out of custody,unless sufficient
cause is shown to the contrary.
15.Every person who is accused or convicted of having counselled,
procured,commanded,aided,or abetted the commission of any extra-
dition crime or of being accessory before the fact to any extradition
crime shall be deemed,for the purposes of this Ordinance,to be accused
or convicted of having committed such crime,and shall be liable to be
apprehended and surrendered accordingly.
16.If any action or suit is brought against a Magistrate,the
Superintendent of Victoria Gaol,gaoler,Police officer,constable,or
any other person for anything done under or in obedience to any
warrant or order issued under the provisions of this Ordinance to any
proof of such warrant or order shall be sufficient answer to such action
or suit,and ther defendant ,on such proof as aforesaid,shall be entitled
to a verdict or judgment accordingly and shall also entitled to all
costs or suit. 17.The forms in the Second Schedule to this Oridnance or forms
to the like effect,with such variations and additions as circumstances
require,may be used for the purposes therein indicated and according
to the directions therein contained,and instruments in those forms shall
(as regards the form thereof) be valid and sufficient.
SCHEDULES.
THE FIRST SCHEDULE.\
LIST OF EXTRADITION CRIMES.
1.Murder and attempt to murden.
2.Manslaughter.
3.Malicious wounding.
4.Counterfeiting or altering money,or uttering or bringing into circu-
lation counterfeit or altered money.
5.Forgerym,or counterfeiting,or altering,or uttering what is forged,or
counterfeited,or altered,comprehending the crimes designated in the laws of
the Colony as counterfeiting or falsification of paper money,bank notes,or
other securities ,forgery or other falsification of other public or private docu-
ments,likewise the uttering,or bringing into circulation,or wilfully using such
counterfeited,forged,or falsified papers.
6.Embezzlement or larcent.
7.Receiving stolen goods.
8.Obtaining money or goods by false pretences.
9.Crime against bankruptcy law.
10.Fraud committed 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/
13.Child-stealing.
14.Kidnapping.
15.False imprisonment.
16.Burglary or house-breaking.
17.Arson.
18.Robbery with violence.
19.Threats by letter or otherwise,with intent to extort.
20.Piracy,whether by the law of nations or by municipal law.
21.Sinking or destroying a vessel at sea,or attempting to do so.
22.Assault on board a ship on the high seas,with intent to destroy life
or to do grievous bodily harm.
23.Revolt,or conspiracy to revolt,by two or more persons on board a
ship on the high seas,against the authority of the master.
24.Perjury or subornation of perjury. 25.Malicious injury to property ,if the offence is indictable.
26.Any insictable offence under the Offences against the Person Or-
dinance,1865,or any Ordinance amending or substituted for the same,
which is not included in the foregoing list.
27.Any indictable offence under the Forgery Ordinance,1865,ro any Or-
dinance amending or substituted for the same,which is not included in the
foregoing list.
28.Any indictable offence under the Larceny Ordinance,1865,ro any Or-
dinance amending or substituted for the same,which is not included in the
foregoing list.
29.Any indictable offence under the Coinage Ordinance,1865,ro any Or-
dinance amending or substituted for the same,which is not included in the
foregoing list.
THE SECOND SCHEDULE.
FORMS.
FORM No.1.
Order by the Governor to a Magistrate to issue his Warrant.
By His Excellency Governor and Commander-in-Chief of
the Colony of Hongkong and its Dependencies.
To Police Magistrate.
WHEREAS requisition has been made to me by
for the surrender of late of
accused of the commission of the crime of within the
jurisdiction of North Borneo:Now I hereby,by this order under my hand
any seal,signify to you that such requisition has been made,and require you
to issue your warrant for the apprehension of such fugitive.
GIVEN under my hand and seal at Victoria,Hongkong,this day of
1.
(Signed.)
Governor.
By Command,
(Signed.)
Colonial Secretary.
FORM No.2.
Warrant of Apprehension by Order of the Gvoernor.
HONGKONG.
IN THE POLICE COURT AT
To all and each of the Constables of the Colony.
WHEREAS His Excellency the Governor by
order under his hand and seal,has signified to me that requisition has been
duly made to him for the surrender of late of
accused of the commission of the crime of within the jurisdiction of North Borneo:This is,therefore,to command you,in Her
Majesty's name,forthwith to apprehend the said
wherever he may be found in the Colony,and bring him before me or some
other Magistrate sitting in this Colony,to show cause why he should not be
surrendered in pursuance of the North Borneo Extradition Ordinance,1896,
for which this shall be your warrant.
Dated this day of 1 .
(Signed.)
Magistrate.
FORM No. 3.
Order to bring a Magistrate a Fugitive Criminal already in Custody.
HONGKONG.
IN THE POLICE COURT AT
To the Superintendent of Victoria Gaol and to all and each of the Con-
stables of the Colony.
WHEREAS His Excellency the Govenror by
order under his hand and seal,has signified to me that requisition has been
duly made ot him for the surrender of late of
accused of the commission of the crime of within the
jurisdiction of North Borneo:This is,therefore,to command you,in Her
Majesty's name,forthwith to bring the said before me or some
other Magistrate sitting in this Court,to be dealt with according ot the
provisions of the North Borneo Extradition Ordinance,1896;for which this
shall be your warrant.
Dated this day of 1 .
(Signed.)
Magistrate.
FORM No.4.
Warrant of Apprehension without Order of the Governor.
HONGKONG.
IN THE POLICE COURT AT
To all and each of the Constables of the Colony.
WHEREAS it has been shown to the undersigned,a Magistrate for the
said Colony,that late of is accused of the
commission of the crime of within the jurisdiction of North
Borneo:This is,therefore,to command you,to be further dealt with according ot
law;for which this shall be your warrant.
Dated this day of 1.
(Signed.)
Magistrate. FORM No.5.
Warrant of Committal.
HONGKONG.
IN THE POLICE COURT AT
To one of the Constables of the said Colony,and to the
Superintendent of Victoria Gaol.
On this day of 1, late of is brought
before me, a Magistrate of the said Colony,to show cause why he should not
be surrendered in pursuance of the North Bornwo Extradition Ordinance,
1896,on the ground of his being accused of the commission of the crime of
wihtin the jurisdiction of North Borneo;and forasmuch as no
sufficient cause has been shown to me why he should not be surrendered in
pursuance of the said 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 you,the said Superintendent ,to receive the said
nto your custody,and him there safely to keep until he is thence delivered
pursuance to the provisions of the said North Borneo Extradition Ordinance,
1896;for which this shall be your warrant.
Dated this day of 1
(Signed.)
Magistrate.
Form No.6.
Warrant of the Governor for the Surrender of a Fdugitive Criminal.
By His Excellency Governor and Commander-in-Chief
of the Colony of Hongkong and its Dependencies.
To the Superintendent of Victoria Gaol and to
HONGKONG
to wit.}
WHEREAS late of accused of the com-
mission of the crime of within the jurisdiction of North
Borneo,was delivered into the custody of you, the Super-
intendent of Victoria Gaol,by warrant dated the day of
1, pursuant to the North Borneo Extradition Ordinance,1896:Now I
do hereby,in pursuance of the said Ordinance,order you,the said Super-
intendent,to deliver the body of the said into the custody of
the said and I command you the said to
receive the said into your custody,and t convey him
and there place him into the custody of who is authorized by the North Borneo authorities to receive him;for which the
shall be your warrant.
GIVEN under my hand and seal at Victoria,Hongkong,this day of
1.
(Signed.)
Governor.
By Command,
(Signed.)
Colonial Secretary.
FORM No.7.
Order of Discharge by the Governor.
By His Excellency Governor and Commander-in-Chief of
the Colony of Hongkong and its Dependencies.
To the Superintendent of Victoria Gaol.
WHEREAS one is now in your custody as a fugitive
criminal under the provision of the North Borneo Extradition Ordinance,
1896;and whereas it has been determined that no warrant shall be granted
for the surrender of the said:Now I do hereby order and
require you to discharge the said from custody under the
said Ordinance.
GIVEN under my hand and seal at Victoria,Hongkong,this day of
1.
(Signed.)
Governor.
By Command,
(Signed.)
Colonial Secretary.
A.D. 1896. Ordinance No. 3 of 1896. Short title. Interpretation of terms. First Schedule. Restrictions on surrender of fugitive criminal. Liability of fugitive criminal to be surrendered. Requisition to Governor and order to Magistrate for warrant of apprehension. Duty of Magistrate on receipt of order. Power to issue warrant as in ordinary case. Procedure on fugitive criminal being brought before Magistrate. Committal to prison or discharge. Notice to Crown Solicitor before discharge. Barring of appeal. No. 3 of 1890. Warrant of surrender, etc. Power to Governor to order discharge. Discharge if not surrendered within two months, or on application to a Judge. Aiders and abettors in extradition crime. Protection of Magistrate and others acting under warrant. Use of forms. Second Schedule. Section 2. No. 2 of 1865. No. 4 of 1865. No. 5 of 1865. No. 7 of 1865. Section 17.
Abstract
A.D. 1896. Ordinance No. 3 of 1896. Short title. Interpretation of terms. First Schedule. Restrictions on surrender of fugitive criminal. Liability of fugitive criminal to be surrendered. Requisition to Governor and order to Magistrate for warrant of apprehension. Duty of Magistrate on receipt of order. Power to issue warrant as in ordinary case. Procedure on fugitive criminal being brought before Magistrate. Committal to prison or discharge. Notice to Crown Solicitor before discharge. Barring of appeal. No. 3 of 1890. Warrant of surrender, etc. Power to Governor to order discharge. Discharge if not surrendered within two months, or on application to a Judge. Aiders and abettors in extradition crime. Protection of Magistrate and others acting under warrant. Use of forms. Second Schedule. Section 2. No. 2 of 1865. No. 4 of 1865. No. 5 of 1865. No. 7 of 1865. Section 17.
Identifier
https://oelawhk.lib.hku.hk/items/show/688
Edition
1901
Volume
v2
Cap / Ordinance No.
No. 1 of 1896
Number of Pages
10
Files
Collection
Historical Laws of Hong Kong Online
Citation
“NORTH BORNEO EXTRADITION ORDINANCE, 1896,” Historical Laws of Hong Kong Online, accessed February 7, 2025, https://oelawhk.lib.hku.hk/items/show/688.
