NORTH BORNEO EXTRADITION ORDINANCE, 1896
Title
NORTH BORNEO EXTRADITION ORDINANCE, 1896
Description
No. 1 of 1893.
North Borneo Extradition
To provide for the Extradition of Fugitive Criniinals from the,
Territory of the British North Borneo Conipany.
[17th March, 1896.]
WHEREAS persons who have connitted 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
As amencled by No. 59 of 1911 and No. 1 of 1912.
+ As amended by No. JU of EAL, _No. 1 of 1912, No. 2 of 1912 and
No. 21 of 1912.
As ainended by No, 1 of 1912.
apprehension of such fugitive criminals from justice and for their
surrender to the Government of British North Borneo
1. The North Borneo Extradition Ordinance, 1896.
2. In this Ordinance,
'The Governor of North Borneo ' means the Governor of the
Territory of the British North Borneo Company :
'North Borneo' means the Territory of the British North
Borneo Company:
'Extradition crime ' means any crime or offence which, if com-
mitted in this Colony, would be one of tbe crimes or offences
mentioned in the 1st schedule :
'Fugitive criminal' means any person accused or convicted of
an extradition erline committed within the jurisdiction of North
Borneo who is or is suspected of being in this Colony:
The extradition crimes mentioned in the 1st schedule shall be
construed according to the law in force in the Colony at the date of
the alleged extradition crime:
Provided that the Governor-in-Council by order
declare that any crime or offence specified in such order and not
included in the 1st schedule shall form part thereof, and the crime
or offence speclified 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 by
order declare that any crime or offence specified in the 1st schedule
or which may hereafter be added to the said schedule shall no longer
form part thereof, and, such crime or offence shall cease to come
within the operation ol 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 if he proves, to the satisfaction of the Magis-
trate, or of a Judge, if brought before the Court on a writ of habeas
corpus, or of the Governor, that the requigition for his surrender
has in fact been made with a view to try or punish him for a crime
or offence of a political character or for a crime or offence which is
not an extradition crime; and
* As amended by No. 50 of 1911 and No. 1 of 1912.
+ As ameaded by No, 1 of 1912,
(2) a fugitive criminal who has been accuseel of a crime or offence
in the Colony, not being the extradition crime for which his sur-
render is denlanded, 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 tl.-ie 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 crime.
5. Whenever a requisition for the surrender of a fugitive criminal
is made to the Governor by the Governor of North Borneo, the
Governor may, by order under his hand and seal, signify to a Magis-
trate that such requisifiou 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 accordilig to this Ordinance.
7.-(1) A Magistrate may also issue his 'warrant for the appre-
ension 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 crilninal appreliended oil a warrant so issued shall
be discharged by the Magistrate, unless the Magisirate, within such
time as, with refereilee to the circumstances of the case, he may
think reasonable, receives from the Governor an order signifying
that a requisition has been made for the surrender of such fugitive
criminal.
8.-(1) When a fugitive crimina,l 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-
As amended by No. 50 of 1911 and No. 1 of 1912,
(a) copies of depositions signed or taken before any Judge or other
competent Magistrate having authority in North Borneo to take
cognizance of the crime charged, and authenticated in the inanner
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, accord~
ing to the law of North Borneo, unlawfully at large, justify
the Manistrate in committing such person. to the Gaol to await the
further order of the Governor without reopening the case;
(c) in every case proof of the identity of the fugitive criminal
must be given, to the satisfaction of the Magistrate;
(d) warrants of arrest and copies of depositions, signed or taken
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 the
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 Gov-
ernor 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 crmie or offence charged
shall be sufficiently proved if the docunient purports to be sealed
with the official seal of the. Governor of North Borneo, and all
Courts of Justice in the Colony shall take judicial notice of such
seal, and adimit the docurnent so authenticated by it to be received in
evidence without further proof; and
(e) the warrant of arrest aud 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 lie sliall 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.
(2) The Magistrate shall receive any evidence which may be
tendered to show that the crinie 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 bearing before a Magistrate, such evidence is
produced as would, subject to the provisions of this Ordinance,
justify the committal of the fugitive criminal for trial at the
Supreme Court if the extra dition crime. of which he is accused had
been committed in t be Colony, and in cases of conviction provided
for by section 8 (1) (b) , the Magistrate shall commit him to the
Gaol to await the further order of the Governor, but otherwise shall
order him to be discharged.
(2) If the Magistrate commits the fugitive criminal to the Gaol,
he shall thereupon inform the fugitive criminal that he will notbe
surnndered until after the expiration of 15 days from the date of
such committal and that lie has a right to apply to the Supreme
Court for a writ of habeas corpus, and the gist rate shall forth-
with send to the Governor the depositions and other evidence in the
case, together with a report tbereon.
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 Magistrate, shall not apply to pro-
ceedings under this Ordinance.
12.-(1) On the expiration of 15 days from the date of the
Magistrate's order of committal, or, a writ of habeas corpus has
been issued and if, on the return to the writ, the Supreme Court
has not discharged the f[witive criminal, immediately after the
decision of the Court, or after such further period in either case as
the Governor may allow, the Governor may, by warrant under his
hand and seal, order the fugitive criminal to be surrendered to such
person as the Governor considers to be authorised 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
Magistrate's warrant as aforesaid, it shall be lawful for any police
officer to take him without warrant and to restore him to the
custody from which he has escaped, and for the person from whose
As amended by No. 60 of 1911.
As amended by No. 51 of 1911.
custody the fugitive criminal has escaped to retaIze him or receive
him from such police officel. 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 corpits 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 2 months after such
committal, or within 2 months after the determination of any
proceedings npon a writ of habeas corpus, as the case may be, any
Judge may, on application made to him by or on behalf of the
fugitive criminal and on proof that reasonable 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 convict ed of having counselled,
procured, commanded, aided, or abetted the commissi'on of any
extradition crime or of being accessory before the fact to any
extradition crime shall be deemed, for the purposes of this Ordi-
nance, to be accused or convicted of having committed such crime,
and shall be liable to be appreherided anQ surrendered accordingly.
16. If any action or suit is brought against a Magistrate, the
Superintendent of the Graol, gaoler, police officer, or any other
person for anything done under or 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 or suit
and the defendant, on siicli 1)roof as aforesaid, sliall be entitled to a
verdict or judgment accordirigly and shall also be entitled to all
costs of suit.
17. The forms in the 2nd schedule or forms to the like effect,
with such variations and additions as circumstances require, myay 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.
As amended by No. 1 of 1912.
As amended by No. 50 of 1941.
THE FIRST SCHEDULE. [s. 2.]
LIST OF EXTRADITION CRIMES.
1. Murder and attempt to inurder.
2. Manslaugher.
3. Malicious womiding.
4. Counterfeiting or altering money, or uttering or bringing, into circulation
counterfeit or altered money.
5. Forgery, or counterfeiting, or altering, or Littering what is forged,
or counterfeited, or altered, comprehending the crimes designated in
the laws of the Colony as or falsification of paper
money, bank notes, or other securities, forgery or other falsification of
other public or private documents, likewise the Littering, or bringing
into circulation, or wilfully using such counterfeited, forged, or
falsified papers.
6. Embezzlement or larceny.
7. Receiving stolen goods.
8. Obtaining money or goods by false pretences.
9. Crimes 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 oil board a ship oil 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 oil the
high seas, against, the authority of the master.
24. Perjury or subornation of perjury.
25. Malicions injury to property, if the offence. is indictable.
26. Arty
(a) The Offences against the Person. Ordinance, 1865.
* As amended by No. 1 of 1912.
(b) The Forgery Ordinance, 1855.
(c) The Larceny Ordinance, 1865.
(d) The Coinage Offences Ordintuice, 1865.
or any Ordinance amending or substituted for the same, which is not
included in the foregoing list.
HE SECOND SCHEDULE. [s. 17.]
Form No. 1.
Order by the Gouernor to a MayistTate to issue his Warrant.
By His Excellency governor and commander-in-chief of
the Colony of Hongkong and its Dependencies.
To Police Magistlatc.
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, this ordel: under my hand and Seal,
signify to you that such requisition has been rrintle, and require you to issue your
warrant for the apprehension of such fugitive.
given under my hand and seal at Victotia, hongkong, this day of
, 19 .
(Signed.) Governor
Form No. 2.
Warrant of Apprehension by Order of the Governor.
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 madc.
to him for the surrender of late of
accused of the commission of the crime of within the
jurisdiction of North Borilco: This is, therefore to command you, in His 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 Court, 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 , 19 .
(signed.)
Form No. 3.
Order to bring before a Magistrate a fugitive criminal already in Custody.
HONGKONG. IN THE POLICE COURT At
To the Superintendent of the Gaol, and to all and cach of the Constables of the
Colony.
WHEREAS His Excellency the Governor by order
under his hand and seal, has signified to rne that requisition has been duly made to
* As amended by No. 1 of 1912.
+ As amended by No. 51 of 1911.
& As amended by No. 50 of 1911 and No. 51 of 1911.
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 His Majesty's name, forthwith to bring the said
before me or some other this Magistrate sitting in thisCourt to be, dealt with
according to the provisions of the North Berneo Extradition Ordinance, 1896; for
which this shall be your warrant.
Dated this day of 1 3,9
(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 sald Colony,
that late of is accused of the crime of the crime of
within. the jurisdiction of North Borneo : This is, therefore, to
command you, in His Magisty's name, forthwith to apprehend the said
and to bring him before me or other Magistrate sitting in this Court, to be
further dealt with according to law; for which this shall be your warrant.
Dated this day of ,19 .
(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 be
Superintendent of the Gaol.
On this day of ,19 , late of is
brought before me, a magistrate of the said colony, to show cause why he should not
be surrondered in pursunance, of the North Borneo Extradition Ordinance, 1896, on the
ground of his being accused of the commission of the crime of within
the jurisdietion of North Borneo; and forasmuch as no sufficient causehas been shown
to me why he should not be Surrendered in pursunance of the said Ordinance : This is,
therefore, to command you, the said Constable, in His Majesty's name, forthwith to
convey and deliver the body of the said into tile custody of the said
Superintendent of the Gaol, and you, the said Superintendent, to receive the said
into your custody, and him there safely to keep until he is
thence delivered pursuant to tile, provisions, of the said North' Borneo Extradition
Ordinance, 1896; for which this shall be your warrant.
Dated this day of , 19 .
(signed) magistrate.
FORM NO. 6
Warrant of of the Governor for the Surrender of a Fugitive Criminal.
BY His Excellency Governor and commander-in-Chief of
the Colony of hongkong and its Dependencies.
To the Superintendent of fhe Gaol and to
HONGKONG to wit.
WHEREAS late of accused of the commission
of the Crime of within the jurisdiction of North Borneo, was
As amended by No. 51 of 1911.
As arnended by No. 50 of 19.11 and No. 51 of 1911.
As aniended by No. 50 of 1911 and So. 1 of 1912,
delivered into the custody of you, the Superintendent of the
Gaol, by warrant dated the day of ,19 , pursuant to the
North Borneo Extradition Ordinance, 1896:Now I do hereby, in pursuance of the
said Ordinance, order You, the said Superintendent, 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 to convey him
and there place him into the custody of who is
authorised by the North Borneo authorilies to receive him; for which this shall be
your warrant.
Given under my hand and seal at Victoria, hongkong, this day of
19 .
(Signed.) Governor.
FORM No. 7,
Order of Discharge by the Govennor.
BY His Excellency governor and commander-in-chief of the
Colony of Hongkong and its Dependencies.
To the Superintendent of the Gaol.
WHEREAS one is now in your custody as a fugitive criminal
under the provisions 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 ,it Victoria, hongkong, this day of
19 .
(Signed.) governor.
Short title. Interpretation of terms. 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 for surrender, etc. Power to Governor to order discharge. Discharge if not surrendered within two months, on application to a Judge. Aides and abettors in extradition crime. Protection of Magistrate and others acting under warrant. Forms. No. 2 of 1865. No. 4 of 1865. No. 5 of 1865. No. 7 of 1865.
Abstract
Short title. Interpretation of terms. 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 for surrender, etc. Power to Governor to order discharge. Discharge if not surrendered within two months, on application to a Judge. Aides and abettors in extradition crime. Protection of Magistrate and others acting under warrant. Forms. No. 2 of 1865. No. 4 of 1865. No. 5 of 1865. No. 7 of 1865.
Identifier
https://oelawhk.lib.hku.hk/items/show/879
Edition
1912
Volume
v1
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 October 21, 2024, https://oelawhk.lib.hku.hk/items/show/879.