ARTICLE III.
No British subject shall be surrendered by Great Britain to Japan, and no Japanese subject shall be surrendered by Japan to Great Britain.
In the case of a naturalized subject, this Article shall only apply if the naturalization was obtained previous to the commission of the crime for which the surrender is claimed.
ARTICLE IV.
Subjects or citizens of any third State shall not be surrendered by either High Contracting Party to the other, under the present Treaty, without the consent of such third State.
The Japanese Government engages not to surrender any British subject to any third State without the consent of Great Britain.
ARTICLE V.
The extradition shall not take place if the person claimed on the part of the British Government, or the person claimed on the part of the Japanese Government, has already been tried and discharged or punished, or is still under trial within the territories of the two High Contracting Parties respectively, for the crime for which his extradition is demanded.
If the person claimed on the part of the British Government, or if the person claimed on the part of the Japanese Government, should be under examination, or is undergoing sentence under a conviction, for any other crime within the territories of the two High Contracting Parties respectively, his extradition shall be deferred until after he has been discharged, whether by acquittal, or on expiration of his sentence, or otherwise.
ARTICLE VI.
The extradition shall not take place if, subsequently to the commission of the crime, or the institution of the penal prosecution, or the conviction thereon, exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of the State applied to.
ARTICLE VII.
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 prove 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 VIII.
A person surrendered can 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 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 IX.
The requisition 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.
A sentence passed in contumaciam is not to be deemed a conviction, but a person so sentenced may be dealt with as an accused person.
ARTICLE X.
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 XI.
If the fugitive has been arrested in the British dominions he shall forthwith be brought before a competent Magistrate, who is to examine him and to conduct the preliminary investigation of the case, just as if the apprehension had taken place for a crime committed in the British dominions.
The extradition shall not take place unless the evidence be found sufficient either to justify the committal of the prisoner for trial, in case the crime had been committed in the British dominions, or to prove that the prisoner is the identical person convicted by the Courts of Japan, and that the crime of which he has been convicted is one in respect of which extradition could, at the time of such conviction, have been granted by Great Britain. The fugitive criminal shall not be surrendered until the expiration of fifteen days from the date of his being committed to prison to await his surrender.
In the examinations which they have to make in accordance with the foregoing stipulations, the authorities of the British dominions shall admit as valid evidence the sworn depositions or the affirmations of witnesses taken in Japan, or copies thereof, and likewise the warrants and sentences issued therein, and certificates of, or judicial documents stating the fact of, a conviction, provided the same are authenticated as follows:-
1. A warrant must purport to be signed by a Judge, Magistrate, or officer of Japan.
2. Depositions or affirmations, or the copies thereof, must purport to be certified under the hand of a Judge, Magistrate, or officer of Japan, to be the original depositions or affirmations, or to be the true copies thereof, as the case may require.
3. A certificate of or judicial document stating the fact of a conviction must purport to be certified by a Judge, Magistrate, or officer of Japan.
4. In every case such warrant, deposition, affirmation, copy, certificate, or judicial document must be authenticated either by the oath of some witnesses, or by being sealed with the official seal of the Minister of Justice, or some other Minister of Japan; but any other mode of authentication, for the time being permitted by the law in that part of the British dominions where the examination is taken may be substituted for the foregoing.
ARTICLE XII.
If the fugitive has been arrested in Japan his surrender shall be granted if, upon examination by a competent authority, it appears that the documents furnished by the British Government contain sufficient prima facie evidence to justify the extradition.
The authorities of Japan shall admit as valid evidence records drawn up by the British authorities of the depositions of witnesses, or copies thereof, and records of conviction or other judicial documents, or copies thereof, provided that the said documents be signed or authenticated by an authority whose competence shall be certified by the seal of a Minister of State of Her Britannic Majesty.
ARTICLE XIII.
If sufficient evidence for the extradition be not produced within six months from the date of the apprehension of the fugitive, or within such further time as the State applied to, or the proper Tribunal thereof shall direct, the fugitive shall be set at liberty.
ARTICLE XIV.
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.
ARTICLE XV.
All expenses connected with extradition shall be borne by the demanding State.
ARTICLE XVI.
The stipulations of the present Treaty shall be applicable to the Colonies and foreign possessions of Her Britannic Majesty, so far as the laws for the time being in force in such Colonies and foreign possessions respectively will allow.
The requisition for the surrender of a fugitive criminal who has taken refuge in any of such Colonies or foreign possessions may be made to the Governor or chief authority of such Colony or possession by any person authorized to act in such Colony or possession as a Consular officer of Japan, or if there is no such Consular officer in the Colony, by the Diplomatic Representative of Japan in London.
Such requisitions may be disposed of, subject always, as nearly as may be, and so far as the law of such Colony or foreign possession will allow, to the provisions of this Treaty, by the said Governor or chief authority, who, however, shall be at liberty either to grant the surrender, or to refer the matter 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 criminals from Japan who may take refuge within such Colonies and foreign possessions, on the basis, as nearly as may be, and so far as the law of such Colony or foreign possession will allow, of the provisions of the present Treaty.
Requisitions for the surrender of a fugitive criminal emanating 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.
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