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I am to request that you will be good enough to take the subject of this letter, and the documents which accompany it, into your consideration, and to favour Lord Salisbury with your opinion :-
1. As to whether a provision in similar terms to that proposed to be inserted in the Treaty with Italy may properly be submitted for the acceptance of the Netherland Government in extension of paragraph 4 of Article II. as it at present stands.
2. As to whether you see any objection to a stipulation, worde as follows, being added to the Treaty, either at the end of Article II., or in the form of a Netherland Government agree :—
Protocol, if the "The High Contracting Parties hereby undertake, so soon as their respective Legislatures empower them to do so, to enter into a figher agreement for the inutual surrender, to the country of his origin, of any person who, being a subject of one of the Contracting Parties, shall within the dominions of the other Contracting Party, make or have in his possession or under his control, any explosive substance with intent, by means thereof, to endanger life or cause serious injury to property in the State of which he is a subject, or to enable any other person by means thereof to endanger life or cause serious injury to property in the same Statc.
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The High Contracting Parties further undertake that such Agreement shall also provide for the surrender to his country of origin of a person who, having committed an offence of the above nature in a third country, shall have taken refuge within the dominions of the other Contracting Party."
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It is possible that the proposal which it is desired to embody in the Protocol may require legislation in Holland to make the Acts in question crimes as well as to make them subjects for extradition. In this country legislation would be required for the latter purpose only.
Although the subject is not strictly relevant to that of extradition, we desire to point out that it would be most desirable to make an arrangement with Holland to endeavour to procure the passing in the two countries of Statutes making it a crinte in England to conspire there to cause an explosion in Holland, and making it a crime in Holland to conspire there to cause an explosion in England.
RICHARD E. WEBSTER. ROBERT B. FINLAY.
Royal Courts of Justice,
November 18, 1897.
Annex.
Draft Treaty between Great Britain and the Netherlands for the Mutual Surrender of Fugitive Criminals.
I have, &c.,
T. H. SANDERSON.
PUBLIC RECORD OFFICE
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C.O. 885
Reference :-
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
List of Papers.
(A.) Memorandum.
(B.) Extradition Act, 1870.
(C.) Extradition Act, 1870 (Amendment) Act, 1873. (D.) Offences against the Person Act, 1861.
(E.) Explosive Substances Act, 1883.
(F.) Draft Extradition Treaty with the Netherlands. (G.) North Sea Liquor Traffic Convention, 1887.
(H.) To Home Office
(I.) Home Office
REPORT.
September 23, 1897. October 26,
"
We suggest that the provision proposed to be added in extension of paragraph 4 of Article II. should be modified in accordance with the clause (A) (a) in the draft initialled by us herewith. We have confined this clause to explosive substances, as it is with these that we understand it is desired especially to deal, and have added the words “placing or throwing" as well as causing any explosion."
We suggest that there should also be added clauses including in the list of extra- dition crimes the offences with regard to explosives under Property Act, 1861," which is one of the Statutes scheduled to the Extradition Acts. "The Malicious Injuries to The clauses we suggest for this purpose are (A) (b) and (c) in the accompanying draft initialled by us.
2. We think that it is very desirable that a clause intended to deal with offences against The Explosives Act, 1883,” should be added to the Treaty in the form of a Protocol. We think that this clause should embrace all the offences specified in the Explosives Act, sections 2 and 3. It ought in the first instance to deal with such offences committed within the dominions of the country demanding extradition. all that is wanted is to add these offences to the list of extradition crimes,
For this purpose
In the second place, the proposed clause ought to provide for the surrender of subjects of the Contracting Parties who, out of the dominions of their own country either in the dominions of the other Contracting Party or in any third country, commit the offences mentioned in section 3 of the Explosives Act.
any of
We have drafted a clause (B) in the accompanying draft intended to carry out these objects. The clause (B) as sent to us omits to deal with the case of offences against the Explosives Act committed within the dominions of the country demanding extradition.
ARTICLE II.
The crimes or offences for which the extradition is to be granted are the following:-
1. Murder, including infanticide, or attempt, or conspiracy to murder, including such crimes
when directed against the Sovereign, his heir, or any other person whomsoever, provided that the crime is not of a political character.
2. Manslaughter, including the manslaughter of a child.
3. Assault occasioning actual bodily harm.
4. Maliciously wounding or inflicting grievous bodily harm ;
(a.) Causing any explosion, or making, keeping, placing, throwing, sending or carrying any explosive substance, with intent to do grievents bodily harm.
(b.) Unlawfully and maliciously by explosión, destroying, or damaging any building to the danger of life, or placing or throwing in or near any building any explosive substance with intent to destroy any building, machinery, or chattels, or placing or throwing any explosive substance in or near any ship or vessel with intent to damage any ship, vessel, machinery, or chattels.
(c.) Making, or unlawfully having possession of any explosive substance with intent unlawfully and maliciously to destroy, or damage any building, machinery, or any ship or vessel, or any sea bank, bank of river, or canal, or reservoir, or quay, lock, or any other work belonging to any port, karbour, dock, or reservair, or navigable river or canal, or any bridge or viaduct.
5. Counterfeiting or altering money, or uttering counterfeit or altered money.
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6. Forgery, counterfeiting or altering or uttering, what is forged, or counterfeited or altered.
7. Embezzlement; fraud by a bailee, banker, agent, factor, trustee, or director or member
or public officer of any Company, made'criminal by any law for the time being in force; or larceny.
8. Malicious injury to property if the offence be indictable.
9. Obtaining money, goods, or valuable securities by false pretences.
10. Crimes against bankruptcy law.
11. Perjury, or subornation of perjury.
12. Rape.
13. Carnal knowledge, or any attempt to have carnal knowledge, of a girl under 16 years of age.
14. Indecent assault.
15. Administering drugs or using instruments with intent to procure the miscarriage of a
woman.
16. Abduction.
17. Child stealing.
IS, Kidnapping of minors and their false imprisonment.
19. Burglary or house-breaking.
20. Arson.
21. Robbery with violence.
22. Any malicious act done with intent to endanger the safety of a railway train.
23. Threats by letter or otherwise with intent to extort.
24. Piracy by law of nations.
25. Sinking or destroying a vessel at sea, or attempting to do so.
26, Assaults on board a ship on the high seas with intent to destroy life or do grievous bodily harm.
27. Revolt by two or more persons ou board a ship on the high seas against the authority of the master.
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