432
THE HONGKONG GOVERNMENT GAZETTE, 25TH MARCH, 1899.
"If the person claimed on the part of the British Government, or if the person claimed on the part of the Netherland Government, should be under examination or is undergoing sentence under a conviction, for any other crime within the territories of the two High Contracting Parties respectively, his extradition shall be deferred until after he has been discharged, whether by acquittal or on expira- tion of his sentence, or otherwise.
"ARTICLE V.
"The extradition shall not take place if, subsequently to the commission of the crime, or the institution of the penal prosecution, or the conviction thereon, exemption from prosecution or punish- ment has been acquired by lapse of time, according to the laws of the State applied to.
"ARTICLE VI.
"A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character, or if he prove that the requisition of his surrender has in fact been made with a view to try or punish him for au offence of a political character.
"ARTICLE VII.
"A person surrendered may in no case be kept in prison, or be brought to trial in the State to which the surrender has been made, for any other crime or on account of any other matters than those for which the extradition shall have taken place, until he has been restored or had an oppor- tunity during one month of returning to the State by which he has been surrendered.
"
This stipulation does not apply to crimes committed after the extradition.
"ARTICLE VIII. ·
"The requisition for extradition shall be made through the Diplomatic Agents of the High Con- tracting Parties respectively.
"The requisition for the extradition of an accused person must be accompanied by a warrant of arrest issued by the competent authority of the State, requiring the extradition, and by such evidence as, according to the laws of the place where the accused is found, would justify his arrest if the crime had been committed there.
"If the requisition relates to a person already convicted, it must be accompanied by the sentence of condemnation passed against the convicted person by the competent Court of the State that makes the requisition for extradition.
"A sentence passed in contumaciam is not to be deemed a conviction, but a person so sentenced may be dealt with as an accused person.
"ARTICLE IX.
"If the requisition for extradition be in accordance with the foregoing stipulations, the competent authorities of the State applied to shall proceed to the arrest of the fugitive.
"ARTICLE X.
"Pending the presentation of the demand for extradition through the Diplomatic channel, a fugitive criminal may be apprehended under a warrant issued by any Police Magistrate, Justice of the Peace, or other competent authority in either country, on such information or complaint, and such evidence, or after such proceedings as would, in the opinion of the authority issuing the warrant, justify the issue of a warrant if the crime had been committed or the person convicted in that part of the dominions of the two Contracting l'arties in which the Magistrate, Justice of the Peace, or other com- petent authority exercises jurisdiction; provided, however, that in the United Kingdom the accused shall, in such case, be sent as speedily as possible before a Magistrate. He shall, in accordance with this Article, he discharged, as well in the Netherlands as in the United Kingdom, if within the term of twenty days a requisition for extradition shall not have been made by the Diplomatic Agent of the demanding country in accordance with the stipulations of this Treaty. The same rule shall apply to the cases of persons accused or convicted of any of the crimes or offences specified in this Treaty, and committed on the high seas on board any vessel of either country which may come into a port of the other.
"ARTICLE XI.
"If the fugitive have been arrested in the British dominions he shall forthwith be brought before a competent Magistrate, who is to examine him, and to conduct the preliminary investigation of the case, just as if the apprehension had taken place for a crime committed in the British dominions.
"In the examinations which they have to make in accordance with the foregoing stipulations, the authorities of the British dominions shall admit as valid evidence depositions or statements on oath or the affirmations of witnesses taken in the Netherlands, or copies thereof, and likewise the warrants and sentences issued therein, and certificates of, or judicial documents stating the fact of, a conviction, provided the same are authenticated as follows :--
"1. A warrant must purport to be signed by a Judge, Magistrate, or officer of the Netherlands.