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THE HONGKONG GOVERNMENT GAZETTE, 30TH JUYL, 1881.
for any other crime, in one of the Swiss Cantons or in the United Kingdom respectively, his extradi- tion may be deferred until he shall have been set at liberty in due course of law.
In case such individual should be proceeded against in the country in which he has taken refuge, on account of obligations contracted towards private individuals, his extradition' shall, nevertheless, take place; the injured party retaining his right to prosecute his claims before the competent authority. ARTICLE XV.
W
If the individual claimed by one of the two 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 that State whose demand is earliest in date.
ARTICLE XVI.
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 thereof, 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.
This delivery shall take place even when the extradition, after having been granted, cannot be carried out by reason of the escape or death of the individual claimed, unless the claims of third parties with regard to the above-mentioned articles render such delivery inexpedient.
ARTICLE XVII.
The contracting parties renounce any claim for the reimbursement of the expenses incurred by them in the arrest and maintenance of the person to be surrendered, and his conveyance to the frontiers of the State to which the requisition is made; they reciprocally agree to bear such expenses themselves.
ARTICLE XVIII.
The stipulations of the present Treaty shall be applicable to the Colonies and foreign possessions of Her Britannic Majesty.
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 to the supreme authority of such Colony or possession through the Swiss Consul residing there, or, in case there should be no Swiss Consul, through the recognized Consular Agent of another State charged with the Swiss interests in the Colony or possession in question.
The Governor or supreme authority above-mentioned shall decide with regard to such requisitions as nearly as possible in accordance with the provisions of the present Treaty. He will, however, be at liberty either to consent to the extradition or report the case to his Government.
Her Britannic Majesty shall, however, be at liberty to make special arrangements in the British Colonies and foreign possessions for the surrender of such individuals as shall have committed in Switzerland any of the crimes hereinbefore mentioned, who may take refuge within such Colonies and foreign possessions, on the basis, as nearly as may be, of the provisions of the present Treaty.
The requisition for the surrender of a fugitive criminal from any Colony or foreign possession of Her Britannic Majesty shall be governed by the rules laid down in the preceding Articles of the present Treaty.
ARTICLE XIX.
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.
After the Treaty shall have come into force, the Treaty concluded between the High Contracting Parties on the 31st of March, 1874, shall be considered as cancelled, except as to any proceedings that may have been already taken or commenced in virtue thereof.
It may be terminated by either of the High Contracting Parties, on giving to the other Party six months' notice of its intention to terminate the same, but no such notice shall exceed the period of one year.
The Treaty shall be ratified, and the ratifications shall be exchanged at Berne as soon as possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed there- to the seal of their arms.
Done at Berne, the twenty-sixth day of November, in the year of our Lord One thousand eight hundred and eighty.
(L.S.) C. VIVIAN. (L.S.) ANDERWERT.
And whereas the ratifications of the said Treaty were exchanged at Berne on the fifteenth day of March, one thousand eight hundred and eighty-one.
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 thirtieth day of May, one thousand eight hundred and eighty-one, the said Acts shall apply in the case of the said Treaty with the Swiss Federal Council.
C. L. PEEL.