MALAY STATES EXTRADITION ORDINANCE, 1903

MALAY STATES EXTRADITION ORDINANCE, 1903

No. 4 of 1903.

To provide for the surrender of Fugitive Criminals from the
Malay States. [3rd March, 1903.]

WHEREAS persons who have cominitted cortain crimes within any of
blie Alalay States may escape to the Colonv wid it is expedient to
provide for the, apprehension of such from justice
and for their surrender to the Governnient of such States respectively : --

1. The Malay States Extradition Ordinance, 1903.

2. In this Ordinance,-

Extradition crime--- means any crime or offence which, if
conirflitted in this Colony, would be one of the crimes or offences
mentioned in the Ist schedule.

---Fugitive criminal--- means any person accused or convicted of
an extradition crime committed. within the Jurisdiction of any of
the Malay States who is or is suspected of being in this Colony:
Malay State ' means any one of the following States:-Perak,
Selangor, Pahang, Negri Senibilan, Kelantan, Trengganu, Kedab,
and Perlis :
1 ---British Resident,' iticans any person lawfully discharging the
duties of the office of British Resident in any Malay State from
which a criminal is a fugitive.
The extradition crinies ineutioned in the Ist schedule shall be
construed according to the 'taw in force in the Colony at the date of
the alleged extradition crime.


*.As amended by No. 12 of 1912.
+ As amended by Nio. 8 of 1912 and No. 12 of 1912~
As amended by No. 13 1912.
U aniended ~v NO. 50 Of 1911, NO. 8 of 1912, -No. 12 of 1912,
Mo. 13 of 1.912 and No. 43 of 1912 Supp. Selled.





Provided always that the Governor-in-Council may 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 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 Govern or-in -Council -may, by
order declare that any crime or offence specified in the Ist schedule
or which may hereafter be added to the said schedule shall no
longer form part thereof, and such crinie 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 if lie proves to the satisfaction of the Magis-
trate, or of a Judge, if bro ught 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 political character or for a crime
or offence which is not an extradition crime ; and

(2) A fugitive criminal, who has been licensed of a crime
or offence in Hongkong, not being the extradition crime for which
his surrender is demanded, or who is undergoing sentence tinder
conviction in this Colonv shall not be surrendered until after he
bas 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 Ordi-
nance, andwhether there is or is not any concurrent jurisdiction in
any Court in this Colony over that crime.

5. Whenever the requisition for the surrender of a fugitive
criminal is made to the Governor by the British Resident in any
A1alay State the Governor may,. by order under his hand and seal,

As antended by No. 12 of 1912 and No. 1.3 of 1912.
As amended by No. 13 of 1912.
As aniended by No. 8 of 1912 aud No. 12 oA~ 1912.





signify to a Magistrate that.such requisition has been made, and
require him to issue his warrant for the apprehension of the fugitive

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 be 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.

1.-(1) A Magistrate inay also issue his warrant for the appre-
hension of a fugitive criminal on such inforination or complaint
as would, in his opinion, justify the issue of a warrant if the alleged
extradition crime has been committed in the Colony.

(2) A fugitive criminal apprehended on a warrant so issued
shall be discharged by the Magistrate, unless the Magistrate, within
such tline as, with reference to the circumstances of the case, he
may think, reasonable, receives froni the Governor an order
signifying that a requisition has been rnade for the surrender of
such fugitive criminal.

8.(1)- When a fugitive criminal is brought before a Magistrate,
lie shall .hear the case in the same, nianner 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 depositions signed or taken before any Judge
or other competent Magistrate having authority in the Malay State
in question to take cognizance of the crime charged, and authen-
ticated 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 any Malay State 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 the Malay State in question, unlawfully at
large, justify the Magistrate in committing such person to the

~ As amended by No. 13 of 1912.
f As' amended by No. 50 of 1911, No. 8 of 1912, No. 12 of 1912,
No. 13 of 1912 and No. 43 of 1912 Supp, Sched.
1*





Gaol to await the further order of the Governor without re-opening
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 British Resident to
be a true copy of the. original conviction. The signature of every such
Judge or Magistrade and his authority to take cognizance of the
crinie or offence ebarged sball be sufficiently proved if the. document
purports to be sealed with the official seal of the British Resident
and all Courts of Justice in this Colony shall take judicial notice of
such seal, and admit the document so authenticated by it to
be received in evidence without further proof : and
- (e) the warrants of arrest and the copy of the depositions, or, as
the case nia.v 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 canse to show why lie should not be committed to gaDI to
await the ordeiof the Governor.

(22) 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 o1Tence of a political character, or
is not an extradition crime.

9.-0) If, at the hearing 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 extradition crime of which he is accused had
been committed in the 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 not

As wriended by No. 50 of 1911, -\,o. 13 of 1912 and No. 43 of J912
Supp. Sched.





be surrendered until after the expiration of 15 days from the date
of such committal, and that he has a right to apply to the Supreme
Court for a writ of habeas corpus, and such 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 Ordinance.

12.-(1) On the expiration of 15 days from the date of the
Magistrate's order of committal or, if a writ of habeas corpus has
been issued and if, upon the return to the writ, the Stipreme Court
has not discharged the fugitive 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 authorities of the Malay State in question, and
the fugitive criminal shall 6e 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
custody the fugitive criminal has escaped to retake hirn or receive
him from such police officer 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 tinder 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 surrend-

As amended by No. 13 of 1912.
As amended by No. 51 of 1911 and No. 8 of 1912.
As amendd by No. 12 of 1912.





ered and conveyed out of the. Colony within 2 months after such
committal, or within 2 months after the determination of any
proceedings upon a writ of habeas corpus, as the case may bo, any
Judge may, upon 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 Grown
Solicitor, o rder 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 coun-
selled, procured, cornmanded, aided, or abetted the commission 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 he apprehended and surrendered accordingly.

16. If any action or suit be brought against a Magistrate,
Superintendent of the Gaol, gaoler, police officer, or any other person
for anything done under or nii obedience to any warrant or order
issued under the provisions of this Ordinance, the proof of such
warrant or order shall he, a sufficient answer to such action or suit,
and the defendant, on such proof as aforesaid, shall be entitled to
a verdict or Judgment accordingly, 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, may
be used for the purposes therein indicated and according to the
directions therein contained, and instruntents in these forms shall
(as regards the form thereof) be valid and sufficient.

FIRST SCHRDULE.

EXTRADITION
1. A1Vrder and attempt to murder.
2. Manslaughter.
3. Malicious wounding.

[s. 2. ]

As amended by No. 13 of 1912.
As amended by No. 50 of 1911 and No. 51 of 1911.
As amended by No. 50 of 1911.





4. Counterfeiting or altering money, or uttering or bringing into
circulation, counterfeit or altered money.
5, Forgery, or counterfeiting' or altering, or uttering what is forged,
or counterfeited, or altered, comprehending the crimes designated in
the laws of Hongkong as counterfeiting or falsification of paper money,
bank notes, or other securities, forgery, or other falsification of other
public gr private documents, likewise the uttering, 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. Crimres 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
11. Rape.
12. Abduction.
13. Child-stealing,
U 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 whethere by the law of nations or by municipal law.
21. Sinking or destroying a vessel at sea, or attempting to do so.
22. Assaults on board a ship on the high seas, with intent to destroy
23. Revolt, or conspiracy to revolt, by two or more persons on board
a ship on the high seas, against the aulorit of the master.

24. Perjury or subornation of per'

25. Malicious injury to property, if the offence is indictable,
26. Any indictable offence under,-
(a) The Offences against the Person Ordinance, 1865.
(b) The, Forgery Ordinance, 1865.
(c) The Larceny Ordinance, 1865.
(d) The Coinage Offences Ordinance, 1865.

* As aniende~p#by No. 12, of 191.2 and No. 43 of 1912 Supp. Sched.





SECOND SCHEDULE. IS.
FROM No. 1.
Order by the Governor to a Magistralc to issue his Warrant.

BY His Excellency
the Colony of Hongkong and its Dependencies.
To Police Magistrate

WHEREAS requisition has been rnade to rile by
for the surrender of
accus.ed of the couttnission of the crinie of within the
jurisdiction of insert the Malay State front which the critninal is a jugitivej Now 1
hereby, by hhis, order under my hand and seal, signigy to You that such requisition has
been noide, and require you lo issue your warrant for. the apprehension of such fugitive.

, Governor and Cot nurander-in-Chif f of

late of

GIVEX under lily liand and seal at Victoria, Hongkong, this day of
19 .

(11)

(Signed.)

FORM NO 2.
Warrant of Apprchension by Order of the Governor.

HongKong

LN THE POLICE COURT AT

To fill and ench of the Constables ol the Colony.

Governor.

WHEREAS Tlis Fxcelleney the Governor by
order under his hand arid seal, has signified to me that requistiion has been duly made
to him for. the surrender of
accused of the commission of the crime of within
the jurisdiction of [insert the Malay State front which the criminal is a fugitive] This
is therefore to command . on in His Majesty's )tame forthwith to apprehend the said
wherever lie inay be found in the Colony, avid bring him before me
or sorne other Magistrate sitting in this Court, to show cause why lie should not be
surrendered in purquance of the Afalay States Extradition 1903; for which
this shall be your warrant.

late of

Dated this day of

. cl ).

Hongkong

To lite Superintendent of
Colony.

WHEPEAS His Excellency the Governor, by
order under his hand arid seal, bath signified to me that requisition has been duly made
to him for the surrender of
mission of the criffle of

' 19 .







(Signed.)

Magistrate.

FORm NO. 3,
Order lo bring before a Magisirate a Fugitive Criminal already in Custody.

IN THE POLICE COURT AT

Gaol, arid to all and each of the Constables of the



late. ofaccused of the com
within the jurisdiction of

As amended by No. 12 oi 1912 and No. 43 of 1912 Supp. Sch*ed.
As amended by No. 13* of 1912 and No. 43 of 1912 Supp. Sched.





the Malay State fronz which the criminal is a fugitive] This is, therefore, to command
you in His Majesty's name, forthwith to bring the said
before me or some other MAgistrate sitting in this Court, to be dealt with according to
the provisions of the Malay States Extradition Ordinance, 1903, for which this shall be
your warrant. -

Dated this day of

911

HONGKONG.

' 19 .

(Signed.)

FoRM No. 4.
R'arrant of Apprehension without Order of 1he Governor.

IN THE POLICE COURT AT

Magistrate.

To all and rach of the Constables of the Colony.
WHEREAS it has been shown to the undersigned, a Magistrate in and for the Colony of
Hongkong, that
of the critne ofwithin the jurisdiction of [inscrt the Mulay State fron,
which the crintinal is a fugitive', -
This is, therefoie, to command you, in His Majesty's naine, fortImith to appreheiid
the saidan,] to be him before me or sonic other Magistrate sitting
at this Court, to be further dealt with according to law; for which this sliall be your
warrant.

Dated this day of

(1)-
Fowm No. 5.
HONGKO\G. IN THE POLICE COURT AT
To one of the Constables of the colony, and the Superintcndent
of Gaol.

On this day of 19 late of , is brouhght
before me, a Magistrate of the Colony of Hongkong, to cause whay he Aiould not be
surrendered in pursuance of the Ilialay States Extradition Ordinance, 1903, on the
ground of his beffig accused of the commmission of the criminal of witbin
the jurisdiction of [insert the Malay State frooi irhich flie crimiwil is a fugitive]and
forasmuch as no sufficient cause has been sbown to ine why he should not be surrender
ed in pursuance of the said Ordinance :
This is, therefore, to coininand You, the said Coustabie, in His Majesty's name forth-
with to convey and deliver the b~dy of the said
into the custody of the said Superintendent of
Gaol, and you the said Superintendent, to receive the said
into your custody. And him there safeb, to keep until he is thence
delivered pursuant to the provisions of the said Malay States Extradition Ordinance,
1903; for which this shall be your warrant.

late of.

' 19 .

(Signed.)


Warrant of Commuttal







IN THE POLICE COUPT AT

is accused of the commission

Magistrate.

opic of the CoRistables of the Coloply, and the Superintendent

Dated this day of

' 19 .

(Signed.)

Magistrate.

As amended by No' 50 of 1911, No. 13 of 1912 and No. 43 of 1912
Supp. Sched..
As amended by No. 43 of 1912 Supp. Sched.
FORM No. 6.
Warrant of the Governor for the Surrend of a Fugitice Criminal

By His Excellency
the Colony of 1-longkong and its Dependencies.
To lite Saperintendelit of Gaol, and
HONGKONG to wit.

, Governor and

to


isithin the jurisdiction of linsert the Malay

WHEREAS late of accused of the commission of tile
crime of within the jurisdiction of [inscrt the Malay
state from which the criminal is a fugitice] was delivered into the custody of you
, the Superintendetn of Gaol, by warrant dated the
pursuant to the malay States Extradition Ordinance, 1903, Now I do
hereby, in pursuance of the said Ordinance, order you the said Superintendetn, to
deliver th body of the sai
into the custody of the said and I command you the said

into your custody, and to convey hirn
the custody of

to receive the said

and 1 command you the said

. and there place him into
who is antliorised by the authorities of
[inscrt the Malay State fron, lchl`ch the criniinal is a fugitice]to receive him; for which
this shall be your warrant.

Given under my hand and seal this day of
G D

(Signed.)

Foum No. -7.
Order of discharge by the Gorcrnor.

By- His Excellency
tbe Clony of Hongkong and its Dependencies.

To the Superintendent of Gool.
WHEREAS one is now in vour custody as a fugidve criminal
kinder the provision,.of the 'Malay States, Extradition Ordinance, 19(3 : and whereas it
lias been determined that no warratn shall be granted for the surrender of the said
Now 1. do hereby order and require 'you to disellarge the said
custody under the said Ordinance.

GIVE\ under my hand and seal at Victoria, Hougkong, this
19

' 19

Governor.

, Governor and Cominander-in-Chief of

C)







(Siglied.)

from

Governor, (-c.

Short title. Interpretation of terms. Power to add to or expunge from the schedule of extradition crimes. Restrictions on surrender of fugitive criminal. Liability of fugitive criminal to be surrendered. Requisition to the governor and order to Magistrate for warrant. Duty of Magistrate on receipt of order. Magistrate may also issue warrant as in ordinary cases. 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 of Governor to order discharge. Discharge if not surrendered within 2 months or on application to a Judge. Aiders and abettors in extradition crimes. 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.

Short title. Interpretation of terms. Power to add to or expunge from the schedule of extradition crimes. Restrictions on surrender of fugitive criminal. Liability of fugitive criminal to be surrendered. Requisition to the governor and order to Magistrate for warrant. Duty of Magistrate on receipt of order. Magistrate may also issue warrant as in ordinary cases. 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 of Governor to order discharge. Discharge if not surrendered within 2 months or on application to a Judge. Aiders and abettors in extradition crimes. 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.

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1912

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No. 4 of 1903

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