THE HONGKONG GOVERNMENT GAZETTE, 21ST JULY, 1905.
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4. In every case such warrant, deposition, affirmation, copy, certificate, or judicial document must be authenticated, either by the oath of some witness, or by being sealed with the official seal of the Minister of Justice, or some other Minister of the other State: but any other mode of authentica- tion for the time being permitted by the law of the country where the examination is taken may be substituted for the foregoing.
ARTICLE XIII.
If the individual claimed by one of the High Contracting Parties in pursuance of the present Treaty should be also claimed by one or several other Powers on account of other crimes or offences committed upon their respective territories, his extradition shall be granted to the State whose demand is earliest in date.
ARTICLE XIV.
If sufficient evidence for the extradition be not produced within two months from the date of the apprehension of the fugitive or within such further time as the State applied to, or the proper Tribunal thereof, shall direct, the fugitive shall be set at liberty.
ARTICLE XV,
All articles seized which were in the possession of the person to be surrendered at the time of his apprehension shall, if the competent authority of the State applied to for the extradition has ordered the delivery of such articles, be given up when the extradition takes place; and the said delivery shall extend not merely to the stolen articles, but to everything that may serve as a proof of the crime.
ARTICLE XVI.
All expenses connected with extradition shall be borne by the demanding State.
ARTICLE XVII.
The stipulations of the present Treaty shall be applicable to the Colonies and foreign possessions of His Britannic Majesty, so far as the laws in such Colonies and foreign possessions respectively will allow.
The requisition for the surrender of a fugitive criminal, who has taken refuge in any of such Colonies or foreign possessions, shall be made to the Governor or Chief authority of such Colony or possession by the chief Consular officer of the Republic of Cuba in such Colony or possession.
Such requisition may be disposed of, subject always, as nearly as may be, and so far as the law of such Colony or foreign possession will allow, to the provisions of this Treaty, by the said Governor or chief authority, who, however, shall be at liberty either to grant the surrender or to refer the matter to his Government.
His Britannic Majesty shall, however, be at liberty to make special arrangements in the British Colonies and foreign possessions for the surrender of Cuban criminals who may take refuge within such Colonies and foreign possessions, on the basis, so far as the law of such Colony or foreign posses- sions will allow, of the provisions of the present Treaty.
Requisitions for the surrender of a fugitive criminal emanating from any Colony or foreign posses- sion of His Britannic Majesty shall be governed by rules laid down in the preceding Articles of the present Treaty.
ARTICLE XVIII
The present Treaty shall come into force ten days after its publication, in conformity with the forms prescribed by the laws of the High Contracting Parties. It may be terminated by either of the High Contracting Parties by a notice not exceeding one year, and not less than six months.
It shall be ratified, after receiving the approval of the Senate of the Republic of Cuba, and the ratifications shall be exchanged at Havana as soon as possible.
In witness whereof the respective Plenipotentiaries have signed the same, and affixed thereto their respective seals.
Done in duplicate at Havana the third day of October, nineteen hundred and four.
(L.S.) LIONEL CARDEN. (L.S.) C. E. ORTIZ.
And whereas the ratifications of the said Treaty were exchanged at Havana on the tenth day of January, one thousand nine hundred and five:
Now, therefore, His Majesty, by and with the advice of His Privy Council, and in virtue of the authority committed to him by the said recited Acts, doth order, and it is hereby ordered, that from and after the twenty-second day of May, one thousand nine hundred and five, the said Acts shall apply in the case of Cuba and of the said Treaty with the President of the Republic of Cuba :
Provided always that the operation of the said Acts shall be and remain suspended within the Dominion of Canada so long as an Act of the Parliament of Canada passed in one thousand eight hundred and eighty-six, and entitled "An Act respecting the Extradition of Fugitive Criminals,' shall continue in force there, and no longer.
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A. W. FITZROY.