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THE HONGKONG GOVERNMENT GAZETTE, 10TH AUGUST, 1889.
At the Court at Windsor, the 28th day of May, 1889.
PRESENT,
The QUEEN's Most Excellent Majesty.
Lord President.
Earl of Coventry.
Lord Ashbourne.
683
HEREAS by the Extradition Acts, 1870 and 1873, it was amongst other things enacted, that
where an arrangement has been made with any foreign State with respect to the surrender to such State of any fugitive criminals, Her Majesty may, by Order in Conncil, direct that the said Acts shall apply in the case of such foreign State; and that Her Majesty may, by the same or any subse- quent 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 opera- tion 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 Örder 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 a Treaty was concluded on the fourth day of June, one thousand eight hundred and seventy-eight, between Her Majesty and the King of Spain for the mutual extradition of fugitive criminals:
And whereas by an Order of Her Majesty the Queen in Council, dated the twenty-seventh day of November, one thousand eight hundred and seventy-eight, it was directed that the Extradition Acts, 1870 and 1873, should apply in the case of Spain:
And whereas by an Act of the Parliament of Canada passed in 1886, 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 provisions of the said Act of the Parliament of Canada of 1886 should continue in force and no longer:
And whereas a Declaration was concluded on the nineteenth day of February, one thousand eight hundred and eighty-nine, between the Government of Her Majesty and the Government of His Majesty the King of Spain, for amending paragraph 5; Article II, and paragraph 5, Article VI, of the above-mentioned Treaty of the fourth June, one thousand eight hundred and seventy-eight, which Declaration is in the terms following:-
"Tur Government of Her Majesty the Queen of the United Kingdon of Great Britain and Ireland, Empress of India, and the Government of His Majesty the King of Spain, being desirous to provide for the more effectual repression of crimes and offences in their respective territories, have authorized in due form the undersigned to agree as follows:-
ARTICLE 1.
"The English and Spanish texts of paragraph 5, Article II, of the Extradition Treaty of the 4th June, 1878, are cancelled, and the following text is substituted therefor:
Unlawful carnal knowledge or any attempt to have unlawful carnal knowledge of a girl under sixteen years of age.
Indecent assault.'
ARTICLE II.
Nash text of paragraph 5, Article VI, of the aforesaid Treaty is amended by the substi-
tution of words 'no menor' for the words 'que no podrá exceder,' so that the Spanish text shall run, ‘A la terminacion de un plazo no menor de quince dias desde que se ordenó la prision y sujecion á juicio del preso,' &c.
ARTICLE III.
The present Declaration shall come into force ten days after its publication in the manner pre- scribed by law in the respective countries.