1276 THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 11, 1907.
ARTICLE III.
Neither Party is obliged to surrender its own subjects or citizens to the other Party.
ARTICLE IV.
Extradition shall not take place if the person claimed on the part of His Britannic Majesty's Government, or of the Government of Panamá, has already been tried and discharged or punished, or is waiting trial in the terrritory of the United Kingdom or in the Republic of Panamá respectively, for the crime for which his extradition is demanded.
If the person claimed on the part of His Britannic Majesty's Government, or of the Government of Panamá, should be awaiting trial or undergoing sentence for any other crime in the territory of the United Kingdom, or in the Republic of Panamá respectively, his extradition shall be deferred until after he has been discharged, whether by acquittal or on expiration of sentence or otherwise.
ARITCLE V.
Extradition shall not be granted if exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of the State applying or applied to.
Neither shall it be granted if, according to the law of either country, the maximum punishment for the offence charged is imprisonment for less than one year.
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 proves that the requisition for his surrender has in fact, been made with a view to try or punish him for an offence of a political character.
ARTICLE VII.
A person surrendered shall 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 has had an opportunity 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 or Con- suls-General of the High Contracting Parties respectively.
The requisition for the extradition of an accused person must be accompanied by a war- rant 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 a copy of the judgment passed on 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 be dealt with as an accused person.
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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.
A criminal fugitive may be apprehended under a warrant issued by any 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 Parties in which the said authority exercises jurisdiction; provided, however, that in the United Kingdom the accused shall, in such case, be sent as speedily as possible before a competent Magistrate.