776
THE HONGKONG GOVERNMENT GAZETTE, 26TH JULY, 1890.
ORDER IN COUNCIL.
EXTRADITION TREATY: GREAT BRITAIN, FRANCE, AND TUNIS.
Windsor, 1st May, 1890.
At the Court at Windsor, the 1st day of May, 1890.
PRESENT,
The QUEEN'S Most Excellent Majesty.
Lord President.
Earl of Coventry. Earl of Limerick.
HEREAS by the Extradition Acts, 1870 and 1873, it was amongst other things enacted that,
made with
foreign
such State of any fugitive criminals, Her Majesty may, by Order in Council, direct that the said Acts shall apply in the case of such foreign State; and that Her Majesty may, by the same or any subsequent Order, limit the operation of the Order, and restrict the same to fugitive criminals who are in or suspected of being in the part of Her Majesty's dominions specified in the Order, and render the operation thereof subject to such conditions, exceptions, and qualifications as may be deemed expedient; and that if, by any law made after the passing of the Act of 1870 by the Legislature of any British possession, provision is made for carrying into effect within such possession the surrender of fugitive criminals who are in or suspected of being in such British possession, Her Majesty may, by the Order in Council applying the said Acts in the case of any foreign State, or by any subsequent Order, suspend the operation within any such British possession of the said Acts, or of any part thereof, so far as it relates to such foreign State, and so long as such Law continues in force there and no longer : And whereas by an Act of the Parliament of Canada passed in 1886, and entitled An Act respecting the Extradition of Fugitive Criminals," provision is made for carrying into effect within the Dominion the surrender of fugitive criminals:
And whereas by an Order of Her Majesty the Queen in Council, dated the seventeenth day of November, one thousand eight hundred and eighty-eight, it was directed that the operation of the Extradition Acts, 1870 and 1873, should be suspended within the Dominion of Canada so long as the provision of the said Act of the Parliament of Canada of 1886 should continue in force and no longer : And whereas a Treaty was concluded on the fourteenth day of August, one thousand eight hundred and seventy-six between Her Majesty and The President of the French Republic, for the mutual extradition of fugitive criminals, in the case of which Treaty the above-mentioned Acts of Parliament were applied by an Order in Council of the sixteenth of May, one thousand eight hundred and seventy- eight:
And whereas an Arrangement was concluded on the thirty-first day of December, one thousand eight hundred and eighty-nine, between the Government of Her Majesty and the Government of the French Republic, acting in the name of the Government of His Highness The Bey of Tunis, for extending the provisions of the said Treaty of August 14, 1876, to Tunis, which Arrangement is in the terms following:-
"THE Government of Her Britannic Majesty on the one part, and the Government of the French Republic, acting in the name of the Government of His Highness the Bey of Tunis, on the other part, with a view to insure as far as possible the arrest and delivery to the competent jurisdiction of criminals who seek to escape by flight from the action of justice, have agreed as follows :--
"The provisions of the Anglo-French Convention of the fourteenth August, one thousand eight hundred and seventy-six, are extended to Tunis, except that the period of fourteen days, stipulated by Article IX of the said Convention, is prolonged to two months.
"The present Arrangement shall have the same duration as the Convention of Extradition to which it relates.
"In witness whereof the Undersigned his Excellency the Earl of Lytton, Her Britannic Majesty's Ambassador at Paris, and his Excellency M. SPULLER, Minister for Foreign Affairs of the French Re- public, have prepared the present Arrangement, and have affixed thereto their seals.
Done at Paris, the thirty-first day of December, one thousand eight hundred and eighty-nine.
"(L.S.) LYTTON. "(L.S.) E. SPULLER."
Now, therefore, Her Majesty, by and with the advice of Her Privy Council, and in virtue of the authority committed to Her by the said recited Acts, doth order, and it is hereby ordered, that from and after the sixteenth day of May, one thousand eight hundred and ninety, the said Acts shall apply in the case of Tunis in conformity with the said Arrangement with the French Republic.
Provided always, and it is hereby further ordered that the operation of the said Extradition Acts, 1870 and 1878, shall be suspended within the Dominion of Canada so far as relates to Tunis and to the said Arrangement, and so long as the provisions of the Canadian Act aforesaid of 1886 continue in force, and no longer.
C. L. Peel.