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THE HONGKONG GOVERNMENT GAZETTE, 20гн DECEMBER, 1873.
HONG KONG
had an opportunity of returning to the country from whence he was surrendered, be triable or tried for any crime com- mitted in the other country other than that on account of which the extradition shall have taken place.
This stipulation does not apply to crimes committed after the extradition.
ARTICLE VIII,
The requisitions for extradition shall be made through the Diplomatic Agents of the High Contracting 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.
The requisition ought, as far as possible, to be accompanied by a description of the person accused or convicted, in order to identify him.
A requisition for extradition cannot be founded on sen- tences passed in contumaciam.
ARTICLE IX.
If the requisition for extrailition be in accordance with the foregoing stipulations, the competent authorities of the State applied to shall proceed to the arrest of the fugitive.
The prisoner is then to be brought before a competent Magistrate, who is to examine him and to conduct the pre- liminary investigation of the case, just as if the apprehension had taken place for a crime committed in the same country.
The extradition shall not take place before the expiration of fifteen days from the apprehension, and then only if the evidence be found sufficient, according to the laws of the State applied to, either to justify the committal of the prisoner for trial, or to prove that the prisoner is the identical person convicted by the Courts of the State which makes the requisition.
ARTICLE X.
In the examinations which they have to make, in accordance with the foregoing stipulations, the authorities of the State applied to shall admit as entirely valid evidence the sworn depositions or statements of witnesses taken in the other State, or copies thereof, and likewise the warrants and sentences issued therein, provided such documents are signed or cer- tified by a Judge, Magistrate, or Officer of such State, and are authenticated by the oath of some witness, or by being sealed with the official seal of the Minister of Justice, or some other Minister of State.
ARTICLE XI.
If sufficient evidence for the extradition be not produced within two months from the date of the apprehension of the fugitive, he shall be sut at liberty.
ARTICLE XII.
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 ex- tradition 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.
No. 198.)
ARTICLE XIII.
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Each of the High Contracting Parties shall defray and bear expenses incurred by it in the arrest, maintenance, and conveyance of the individual to be surrendered till placed on board ship, as well as in keeping and conveying the articles which are to be delivered up in conformity with the stipu- lations of the preceding Article.
The individual to be surrendered shall he conveyed to the port specified by the applying Government, at whose expense he shall be taken on board the ship to convey him away.
If it be necessary to convey the individual claimed through the territories of another State, the expenses incurred thereby shall be defrayed by the applying State.
ARTICLE XIV.
The stipulations of the present Treaty shall be applicable to the Colonies and foreign possessions of the two High Con- tracting Parties.
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The requisition for the surrender of a fugitive criminal who has taken refuge in a Colony or Foreign Possession of either Party, shall be made to the Governor or Chief Authority of such Colony or Possession by the Chief Consular Officer of the other in such Colony or Possession; or, if the fugitive has escaped from a Colony or Foreign Possession of the Party on whose behalf the requisition is made, by the Gov- ernor or Chief Authority of such Colony or Possession.
Such requisitions may be disposed of, subject always, as nearly as may be, to the provisions of this Treaty, by the respective Governors or Chief Authorities, who, however, shall be at liberty either to grant the surrender, or to refer the matter to their Government.
Her Britannic Majesty shall, however, be at liberty to make special arrangements in the British Colonies and Foreign Possessions for the surrender of Swedish and Norwegian criminals who may there take refuge, on the basis, as nearly as may be, of the provisions of the present Treaty.
ARTICLE XV.
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, but shall remain in force for six months after notice has been given for its termination.
ARTICLE XVI.
The present Treaty shall be ratified, and the ratifications shall be exchanged at Stockholm, as soon as may be possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto their seals.
Don at Stockholm, the twenty-sixth day of June, in the year of our Lord one thousand eight hundred and seventy- three.
And whereas the ratifications of the said Treaty wore exchanged at Stockholm on the twenty-eighth ultimo.
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 Act, doth order, and it is hereby ordered, that from and after the seventeenth day of October, one thousand eight hundred and seventy-three, the said Act shall apply in the case of the said Treaty with the King of Sweden and Norway.
(Signed)
GOVERNMENT NOTIFICATION.
EDMUND HARRISON.
It is hereby notified that the Queen's Exequatur, empowering Mr. JENSEN to act as Consul for Norway and Sweden at this Port, received Her Majesty's Signature on the 23rd October last.
By Command,
Colonial Secretary's Office, Hongkong, 16th December, 1873.
CECIL C. SMITH, Acting Colonial Secretary.