(2) By a Police Magistrate or a Commissioner in any part of the Protectorate, on such charge on oath and such evidence or after such proceedings as would in the opinion of the person issuing the warrant justify the issue of a warrant if the crime had been committed or the criminal convicted in that part of the Protectorate in which he exercises jurisdiction. Any person issuing a warrant under this section without an order from the Governor shall forthwith send a report of the fact of such issue, together with the evidence and information or complaint, or certified copies thereof, to the Governor, who may, if he think fit, order the warrant to be cancelled, and the person who has been apprehended on the warrant to be discharged. A fugitive criminal, when apprehended on a warrant issued without the order of the Governor, shall be brought before some person having power to issue a warrant under this section, who shall by warrant order him to be brought, and the prisoner shall accordingly be brought before a Police Magistrate. A fugitive criminal apprehended on a warrant issued without the order of the Governor shall be discharged by the Police Magistrate, unless the Police Magistrate, within such reasonable time as, with reference to the circumstances of the case, he may fix, receives from the Governor an order signifying that a requisition has been made for the surrender of such criminal. 8. When a fugitive criminal is brought before a Police Magis- Hearing of trate, the Police Magistrate shall hear the case in the same manner, case and and have the same jurisdiction and powers, as near as may be, as evidence of political if the prisoner were brought before him charged with an offence character of triable on information committed in the Protectorate. The Police Magistrate shall receive any evidence which may be tendered to show that the crime of which the prisoner is accused or alleged to have been convicted, is an offence of a political character or is not a crime in respect of which his surrender may be granted. crime. 9. In the case of a fugitive criminal accused of a crime in respect Committal or of which his surrender may be granted, if the foreign warrant discharge of authorising the arrest of such criminal is duly authenticated, and prisoner. such evidence is produced as (subject to the provisions of this Ordinance) would, according to the law of the Protectorate, justify the committal for trial of the prisoner if the crime of which he is accused had been committed in the Protectorate, the Police Magistrate shall commit him to prison, but otherwise shall order him to be discharged. In the case of a fugitive criminal alleged to have been convicted of a crime in respect of which his surrender may be granted, if such evidence is produced as (subject to the provisions of this Ordinance) would, according to the law of the Protectorate, prove that the prisoner was convicted of such crime, the Police Magistratę Surrender of fugitive to foreign State by warrant of Governor. Discharge of persons apprehended if not con Protectorate shall commit him to prison, but otherwise shall order him to be discharged. If he commits such criminal to prison, he shall commit him to a prison or other place of safe custody in the Colony or Protectorate, there to await the warrant of the Governor for his surrender, and shall forthwith send to the Governor a certificate of the committal, and such report upon the case as he may think fit. 10. If the Police Magistrate commits a fugitive criminal to prison, he shall inform such criminal that he will not be surrendered until after the expiration of such a period, not being less than fifteen days, as the Governor may determine, and that he has a right to apply to the Supreme Court for a writ of habeas corpus. Upon the expiration of the said period or, if a writ of habeas corpus is issued, after the decision of the Court upon the return to the writ, as the case may be, or after such further period as may be allowed in either case by the Governor, it shall be lawful for the Governor, by warrant under his hand and seal, to order the fugitive criminal (if not delivered on the decision of the Court) to be surrendered to such person as may, in his opinion, be duly authorised to receive the fugitive criminal by the foreign State from which the requisition for the surrender proceeded, and such fugitive criminal shall be surrendered accordingly. It shall be lawful for any person to whom such warrant is directed and for the person so authorised as aforesaid to receive, hold in custody, and convey within the jurisdiction of such foreign State the criminal mentioned in the warrant, and if the criminal escapes out of any custody to which he may be delivered on or in pursuance of such warrant, it shall be lawful to re-take him in the same manner as any person accused of any crime against the laws of the Protectorate may be re-taken upon an escape. 11. If the fugitive criminal who has been committed to prison is not surrendered and conveyed out of the Protectorate within two months after such committal, or, if a writ of habeas corpus is issued, veyed out of after the decision of the Court upon the return to the writ, it shall be lawful for the Police Magistrate upon application made to him. by or on behalf of the criminal, and upon proof that reasonable notice of the intention to make such application has been given to the Governor, to order the criminal to be discharged out of custody, unless sufficient cause is shown to the contrary. within two months. Execution of warrant of 12. The warrant of a Police Magistrate or Commissioner issued in pursuance of this Ordinance may be executed in any part of the police magis Protectorate in the same manner as if the same had been originally issued or subsequently endorsed by a Commissioner having jurisdiction in the place where the same is executed. trate or Commissioner. Depositions to be evidence. 13. Depositions or statements on oath taken in a foreign State, and copies of such original depositions or statements, and foreign certificates of or judicial documents stating the fact of conviction, may, if duly authenticated, be received in evidence in proceedings under this Ordinance. sitions and 14. Foreign warrants and depositions or statements on oath, Authenticaand copies thereof, and certificates of or judicial documents stating tion of depothe fact of a conviction, shall be deemed duly authenticated for the warrants. purposes of this Ordinance if authenticated in manner provided for the time being by law or authenticated as follows: (1) If the warrant purports to be signed by a judge, magistrate, or officer of the foreign State where the same was issued; (2) If the depositions or statements or the copies thereof purport to be certified, under the hand of a judge, magistrate, or officer of the foreign State where the same were taken to be the original depositions and statements, or to be true copies thereof, as the case may require; and, (3) If the certificate of or judicial document stating the fact of conviction purports to be certified by a judge, magistrate, or officer of the foreign State where the conviction took place; and if in every case the warrants, depositions, statements, copies, certificates and judicial documents (as the case may be) are authenticated by the oath of some witness or by being sealed with the official Seal of the Minister of Justice, or some other Minister of State: And all Courts of Justice, the Police Magistrates, and all Commissioners shall take judicial notice of such official seal, and shall admit the documents so authenticated by it to be received in evidence without further proof. Crimes committed at Sea. 15. Where the crime in respect of which the surrender of a Jurisdiction fugitive criminal is sought was committed on board any vessel on as to crimes the high seas which comes into any port of the Protectorate, the committed following provisions shall have effect: (1) The criminal may be committed to any prison, or other at sea. Criminal surrendered by foreign State not triable for previous crime. As to the use of forms in Second Schedule. Power of foreign State to obtain evidence in General Provisions. 16. Where, in pursuance of any arrangement with a foreign State, any person accused or convicted of any crime which, if committed in the Protectorate, would be (by whatever name designated by the law of the Protectorate) one of the crimes described in the First Schedule to this Ordinance is surrendered to the foreign State, such person shall not, until he has been restored or had an opportunity of returning to the foreign State, be triable or tried. for any offence committed prior to the surrender in any part of His Majesty's dominions or protectorates other than such of the said crimes as may be proved by the facts on which the surrender is grounded. 17. The forms set forth in the Second Schedule to this Ordinance, or forms as near thereto, as circumstances admit, may be used in all matters to which such forms refer, and when used shall be deemed to be valid and sufficient in Law. 18. The testimony of any witness may be obtained in relation to any criminal matter pending in any court or tribunal in a foreign State in like manner as it may be obtained in relation to Protectorate. any civil matter under the Act of the session of the nineteenth and twentieth years of the reign of Her late Majesty, chapter one hundred and thirteen, intituled "An Act to provide for taking evidence in Her Majesty's Dominions in relation to civil and commercial matters pending before foreign tribunals"; which Act shall for this purpose apply to and be in force within the Protectorate and all the provisions of that Act shall be construed as if the term Colony or Possession included Protectorate, and as if the term "civil matter" included criminal matter, and the term "cause" included a proceeding against a criminal: Provided that nothing in this section shall apply in the case of any criminal matter of a political character. Power of taking evidence in for foreign criminal matters. 19. The Governor may, by order under his hand, require a Police Magistrate or a Commissioner to take evidence for the Protectorate purposes of any criminal matter pending in any court or tribunal in any foreign State; and the Police Magistrate or Commissioner, upon the receipt of such order, shall take the evidence of every witness appearing before him for the purpose in like manner as if such witness appeared on a charge against some defendant for an offence triable upon information and shall certify at the foot of the depositions so taken that such evidence was taken before him, and shall transmit the same to the Governor; such evidence may be taken in the presence or absence of the person charged, if any, and the fact of such presence or absence shall be stated in such deposition. Any person may, after payment or tender to him of a reasonable sum for his costs and expenses in this behalf, be compelled, for the purposes of this section, to attend and give evidence and answer questions and produce documents, in like manner and subject to the like conditions as he may in the case of a charge preferred for an offence triable upon information. Every person who wilfully gives false evidence before a Police Magistrate or Commissioner under this section shall be guilty of perjury. Provided that nothing in this section shall apply in the case of any criminal matter of a political character. 20. For the purposes of this Ordinance every constituent part Foreign State of a foreign State and every colony, dependency or protectorate of, includes and every vessel of that State, shall be deemed to be within the dependencies. jurisdiction of and to be part of such foreign State. THE FIRST SCHEDULE. List of Crimes. Murder, and attempt and conspiracy to murder. Counterfeiting and altering money and uttering counterfeit or altered money. Forgery, counterfeiting, and altering, and uttering what is forged or counterfeited or altered. Embezzlement and larceny. Obtaining money or goods by false pretences. Offences by bankrupts against bankruptcy law or any indictable offence under the laws relating to bankruptcy. Fraudulent misappropriations and fraud by a bailee made criminal by any Act of Parliament or Ordinance for the time being in force. Rape. Child stealing. Burglary and housebreaking. Arson. Robbery with violence. Threats by letter or otherwise with intent to extort. Piracy by law of nations. Sinking or destroying a vessel at sea, or attempting or conspiring to do so. Assault on board a ship on the high seas with intent to destroy life or to do grievous bodily harm. Revolt or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authority of the master. |