MACAO EXTRADITION ORDINANCE, 1881

MACAO EXTRADITION ORDINANCE, 1881

No. 1 of 1881.

Macao Extradition

To make provision for the apprehension and surrender of Criminal
Fugitives from the territory of Macao. [14th march,1881.]
WHEREAS persons who have committed certain cromes within the
territory of Macao may escape to this Colony and it is expedient
to provide for the apprehension of such fugitives from justice and
for their surrender to the Government of Macao in order that they
may be dealt with order to law:-





1. The Macao Extradition Ordinance, 1881.

2. In this Ordinance--
' The Governor of Macao ' includes the person for the time
being administering the Government of Macao:
' The Territory of Macao ' and 'Macao ' includes any place
within the jurisdiction of the Government of Macao and includes
the high seas.


3. In case requisition is 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 1st schedule, and alleged to have been comitted
within the territory of Macao, has taken refuge within this Colony,

the Governor of this Colony may, if he thinks fit, by warrant
under his hand and seal,signify tIat soch requisition has been

made and require the Magistrates to govern themselves according-
ly, and to aid in apprehending the person so accused or convicted
and hereinafter referred to as the fugitive.

4. On tbe issue of such warrant,any 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 apprehened or if he is already in custody,
he shall be brought forthwith before the Magistrate, and the

following conditions shall be, complied with:-
(1) there must be produced before the Magistrate a valid war-

rant of arrest issued by a Judge or other competent Magistrate

having authority in Macao to take cognizance of the crime charged,

and clearly setting forth such crime;
(2) in the case of a person accused but not convicted, 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 Magis-
trate as aforesaid and authenticated in manner hereinafter provid-
ed 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 produced. ill provided, shAl be produced.
But if it should appear that the conviction was pronounced in the
absence of the accused person for contumacy in not having sur-
rendered to take his trial, the same evidence shall be produced to
the Magistrate as in the case of a person accused but not con-
victed ;
(4) in every case, proo og 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 in Macao 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 Magis-
trate to be a true copy of the original depositions, and if the copy
of the conviction purports to he certified under the hand of the
Judge, of the Court by which the fuggifive convicied to be a
true copy of the original conviction. The sihnature of every such
Judge or Magistrate, and his authority to take cognizance of the
crime or offence charged, shall he sufficiently proved if the docu-
ment purports to be scaled with the official sead of the Governor
of Macao, and all Courts in this Colony shall for the purposes of
this Ordinance, take judical 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 deposi-
tions,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 Magis-
trate is of opinion that there is sufficient prima facie evidence to
establish the criminality of the fugitive, he shall comnlit him to
gaol, there to wait the order of the Governor-in-Council : Provided
that before any such commital the Magistrate shall inform the





fugitive that a period of 15 days will be allowed him to appeal to
the Supreme Court, if he thinks tit, under the next section or
apply for a writ of habeas corpus.

7. The following rules as to appeals to the Supreme Court shall
be observed:-
(1) if the ffugitive to appeal against a Magistrate's order
of committal and notifies such desire to the Magistrate at any time
before the expiration of 15 days from the date of such order; or
if the Attorney General desires to appeal against a Magistrate's
order of discharge of a fugitive and notifies such desire to the

Magistrate at any time before the actnal discharge of the fugitive,

the Magistrate shall,subject to the provision in paragraph,allow
such appeal and shall transmit forthwith to the Registrar of the
Supreme Court the depositions and all other documents relating
to the case, together with nny statement in writing which he may
think fit to annex in relation thereto;
(2) if the appeal is by the Attorney General, the order of dis-
charge shall be suspended until the conclusion of the appeal, and
the fugitive shall be detained in custody until the further order of
the Magistrate or of the Supreme Court ,
(3) if the appeal is by a fugitive and the Magistrate has reason
to believe that it is merely frivolous,he may refuse to allow it; in
which case the Supreme Court may, on the fugitive's petition in
writing, setting forth the grounds of appeal, make an order direct-
ing the Magistrate to allow the appeal ;
(4) the Magistrate shall cause notice of his intention to dis-
charge a fugitive (otherwise than in pursuance of any decision of
the Supreme Court) , and also of any appeal by a fugitive 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
thereto and of givinlg notice of appeal ; and
(5) an appeal may be heard in vacation 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 wriring 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 receive any new
evidence and may either affirm or reverse the decision of the
Magistrate,according as he is of opinion that there is or is not
sufficient prima facie evidence of the criminality of the fugitive of
that the conditions of section 5 have or have not been complied
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 adjudica-
tion thereof.

8. The Magistrate before whom a fugitive is brought 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 it
seems fit, after the expiration of 15 days from the date of the
committal of a fugitive by a Magistrate or, in case of any pro-
eceding by appeal or writ of habeas corpus,then sublect to the
decision of the Supreme Court, thercon, and subJect also to the
provisions of sections 10 and 11, by order directed to the Superin-
tendent 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 Govornor of
Macao, be authorised to receive him, and the fugitive shall be
delivered up accordingly.
(2) The person authorised 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 theexpira-
tion of the said period of 15 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 dis-
charge, it shall be lawful for the Governor-in-Council, subject as
aforesaid,to grant an extradition order without further delay.

10. No extradition order shall be granted in any case where, in
the opinion of the Governor-in-Council the requisition for extradi-
tion 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 in respect of any
fugitive who is undergoing any sentence of imprisonment in this
Colony, or who is charged with any offence until the expiration
of such sentence or of any sentence which may be pronounced
upon his trial for such 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 a
fufitive in respect of whom the Governor-in-Council does not
think fit to issue an extraditon order, and thereupon the fugitive

shall be forthwith discharged.

13. Where any fugitive who has been committed is not, deliver-
ed up and cenveyed out of this Colony within one month after
tile date of such committal, the Chief Justice may at any time,
on application made to him by or oil behalf of the fugitive and
being satisfied that reasonae notice of the. intention to make
such application has been given to the Crown Solicitor, order the
fugitive to be discharged unless sufficient cause is shown to him
why such discharge ought 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 period of one month
shall be computed from the date of the decision of the Supreme
Court, and in every case within section 11 it 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 Government Council may by order published in the
Gazette,declare-
(1) that any crime or offence specified in such order not included in the 1st
schedule shall form part thereof ; or






(2) that any crime or offence specified in the Ist schedule, or
which may be added to the said schedule, shall no longer form part
thereof.
[s. 15, combined with ss. 14, No. 68 of 1911.]
l6. All expenses incident to the apprehension,detention,main-
tenance, and delivery of a fugitive shall be done by this Colony.

17. If any action is brought against a Magistrate, gaolep, officer
of police, or any other person for anything done in obedience to
any warrant or order issued under the provisions of this Ordi-
nance, the proof of such warvant or order shall be a sufficient
answer to such action; and the defendant on such proof as afore-
said shall be entaled to a verdict or judgment in his favour, and
shall also be entitled to his full costs of the action.

18. The forms in the 2nd schedule or forms to the like effect,
with such variations and additions as circumstances may require,
may be used for the purposes therein indicated, and instninienls
in those forms 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 thereof should be repealed or the operation
thereof suspended for any period, it shall bc lawful for the
Governor by proclamation to declare that it or any part thereof
is repealed or is suspended for period.

FIRST SCHEDULE.
LIST OF GRIMES AND OFFEMCES. [s.3.]
The following list of crimes and offences is to be construed accord-
ing to the law existing in the Colony of Honghong, 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 Ordinance:-
1. Murder, and attempt and conspiracy to murder.
2. Manslaughter.
3. Wounding with intent to do grievons 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.Larceny and embezzlement.
7.Unlawfully receiving stolen property.
8.Obtaining money or goods by false pretences.
9.Crimes by bankrupts against bankruptcy 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 forcible taking or detention.
13.Child-stealing.
14.Burglary and house-breaking.
15.Arson.
16.Robbery with violence.
17.Threats by keeter 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 con-
spiring to do so.
20.Assault on board a ship on the high seas,with intent to
destroy life or to do grievous bodily harm.
21.Revolt or conspiracy to revoke by two or more persons on
board a ship on the high seas against the authority of the
master.
22.Sesertion from the naval,military,or police force.

SECOND SCHEDULE.
FORM No. 1. [s.3.]
Governor's Warrant to Magistrates.
THE MACAO EXTRADITION ORDINANCE,1881.
HONGKONG.
By His Excellency Governor and Commander-in-Chief of this Colony
and its dependencies
To 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 according- ly,and to aid in apprehending the said fugitive and in committing him to gaol for the
purpose of his being delivered up to justoce 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 ,19
[L.S.] (Signed.) Governor,&c.
FORM No. 2. [s.4.]
Warrant of Apprehension.
THE MACAO EXTRADITION ORDINANCE,1881.
HONGKONG TO WIT.
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 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 Ma-
gistrates to govern themselves accordingly and to aid in apprehending the said fugitive:
This is,therefore,to command you,in His 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 Magistrate sitting in
this Court to answer to the said charge;and for so doing this shall be your warrant.
Given under my hand and seal,at the Magistrates' Court of this Colony,this
day of ,19
[L.S.] (Signed.) Magistrate.
FORM No. 3. [s.4.]
Order to Superintendent of the 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 duly
made to him for delivering up to justice one charged with
moving committed the crime of within the terri-
tory of Macao and with being a fugitive from justice,and has directed the Magistrates
to govern themselves accordingly for the purpose of such fugitive being delivered up to
justice under the provisions of the said Ordinance;and whereas the said fugitive is
now detained in the Gaol under your custody:You are hereby ordered to bring
up the said forthwith before me or any other Magis-
trate sitting in this Court to be dealt with as provided by law.
Given under my hand and seal,at the Magistrates's Court of this Colony,this
day of ,19
[L.S.] (Signed.) Magistrate.
FORM No. 4.
Warrant of Committal. [s.6.]
THE MACAO EXTRADITION ORDINANCE,1881.
HONGHONG TO WIT.
To one of the Constables of the Hongkong Police Force,and
to the Superintendent of the Gaol.
Whereas on the day of ,19 ,
late of was brought before me




one of the Magistrate sitting at the Magistrates' Court of this Colony charged with
having committed on the day of ,19 , within
the territory of Macao,the crime of and with being a
fugitive from justice and whereas the evidence which has been shown to me
of the criminality of the said is,in my opinion,sufficient to
justify his committal to gaol,pursuant to section 6 of the above-mentioned Ordinance;
This is,therefore,to command you,the said constable ,in His Majesty's name,forth-
with to convey and deliver the body of the said into the
custody of the said Superintendent of the Gaol;and you ,the said Superintendent.
to receive the said into your custody in the said gaol and him
there safelt 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 and seal,at the Magistrates' Court of this Colony,this
day of ,19 .
[L.S.] (Signed.) Magistrate.
FORM No. 5. [s.7.]
Petition of Fugitive for Order of Appeal.
THE MACAO EXTRADITION ORDINANCE ,1881.
HONGKONG. To the Supreme Court of Hongkong.
The humble petition of a prisoner in the Gaol,-
Showeth:
1.That your petitioner was,on the day of ,19 ,com-
mitted to gaol by ,Esquire,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 petitioner has been advised [or believes[that the said order of com-
mittal 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 allow the said appeal.
Your petitioner therefore humble prays that this Honourable Court will be pleased
to order that the said appeal be allowed.
And your petitioner will ever pray,&c.,&c.
Dated the day of ,19 ,

FORM No. 6. [s.7.]
Notice to the Crown Solicitor of the Magistrate's Intention to
discharge the Fugitive or of the Fugitive's appeal.
THE MACAO EXTRADTITION ORDINANCE,1881.
HONGKONG.
To Esquire,Crown Solicitor.
Whereas one has been brought before ,Esquire,one of
the Magistrates,charged with having on the day of ,
19 ,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 provisions of the above-mentioned
Ordinance,and whereas,by reason thereof,the said Magistrate intends to make an
order for his discharge on next,the day of ,19 ,at
the hour of [or and whereas the said Magistrate has ordered the committal
of the said fugitive to gaol under the provisions of the above-mentioned Ordinance;and
whereas the said fugitive his 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-mentioned Ordinance.
Dated the day of ,19
(Signed.) Magistrate's Clerk.

FORM No. 7. [s.7.]
Magistrate's Order of Discharge.
THE MACAO EXTRADITION ORDINANCE,1881.
HONGKONG TO WIT.
To superintendent of the Gaol.
Whereas on day[or days] of ,19 ,one
late of was brought before me one of the Magistrates
sitting at the Magistrates' Court of this Colony,charged with having committed,on the
day of ,19 ,within te territory of Macao,the crime of
and with being a fugitive from justoce;and whereas the evidence
which has been shown to me of the criminality of the said is not,in
my opinion,sufficient to justify his committal to gaol,under the provisions of 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 and seal,at the Magistrates's Court of this Colony,this
day of ,19
[L.S.] (Signed.) Magistrate.

FORM No. 8. [s.9.]
Extradition Order of Governor-in-Council.
THE MACAI EXTRADITION ORDINANCE,1881.
HONGKONG.
To the Superintendent of the Gaol.
Whereas on the day of ,19 ,one was
committed to gaol as a fugitive under the provisions of the above-mentioned Ordinance;
and whereas the said is now in the 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 ordered to deliver the said
unto being the person duly authorised by the
Governor 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 ,19
(Signed.) Governor.
(Signed.) Clerk of the Councils. Form No. 9.
Order of Release by Governor-in-Council.
THE MACAO EXTRADITION ORDINANCL, 1881.
HONGRONG.
To the Superintendent of the Gaol.
Whereas one is now in your custody as a fugitive under the pro-
visions 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 Ordi-
nance.

Approved in Council this day of ,19
(Signed.) Governor.
(Signed.) Clerk of the Councils,
Short title. Interpretation. Issue by Governor to Magistrates of warrant to apprehend criminal fugitive from Macao. 1st schedule. 2nd schedule Form 1. Issue of warrant by Magistrate. 2nd schedule Forms 2 & 3. Proceedings before Magistrate. Committal by Magistrate. 2nd schedule Form 4. Appeal to the Supreme Court. 2nd schedule Form 5. Form 6. Form 7. Report by Magistrate to Governor. Order by Governor-in-Council for delivery up of fugitive. 2nd schedule Form 8. Exception as to political offences. Case of fugitive undergoing sentence in the Colony, etc. Governor-in-Council may order release. 2nd schedule Form 9. Right of fugitive to apply to Chief Justice for discharge, if not delivered up within certain time. Power to add to list of offence and expunge offence from list. 1st schedule. Expenses. Protection of Magistrate and officers. Forms. 2nd schedule. Governor-in-Council may repeal or suspend the Ordinance or part thereof.

Short title. Interpretation. Issue by Governor to Magistrates of warrant to apprehend criminal fugitive from Macao. 1st schedule. 2nd schedule Form 1. Issue of warrant by Magistrate. 2nd schedule Forms 2 & 3. Proceedings before Magistrate. Committal by Magistrate. 2nd schedule Form 4. Appeal to the Supreme Court. 2nd schedule Form 5. Form 6. Form 7. Report by Magistrate to Governor. Order by Governor-in-Council for delivery up of fugitive. 2nd schedule Form 8. Exception as to political offences. Case of fugitive undergoing sentence in the Colony, etc. Governor-in-Council may order release. 2nd schedule Form 9. Right of fugitive to apply to Chief Justice for discharge, if not delivered up within certain time. Power to add to list of offence and expunge offence from list. 1st schedule. Expenses. Protection of Magistrate and officers. Forms. 2nd schedule. Governor-in-Council may repeal or suspend the Ordinance or part thereof.

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