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3190/98.

PUBLIC RECORD OFFICE

Reference :-

TLC.O. 885

14 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- | COPYRIGHT PHOTOGRAPH-NOT TO

GENTLEMEN,

No. 157B.

(GENERAL.)

FOREIGN OFFICE to LAW OFFICERS,

Foreign Office, October 30, 1897. I HAVE the honour, by direction of the Marquess of Salisbury, to acknowledge the receipt of your letter of the 14th instant, expressing the opinion that the proposed Treaty of Extradition between Great Britain and the Netherlands may be signed, subject to certain modifications, which shall accordingly be made and brought to the notice of the Netherland Government in due course.

Before. however, proceeding to signature, Lord Salisbury is of opinion that it may be desirable, even at this late stage of the negotiation, to propose to the Netherland Government, the addition of some provision for the mutual surrender of manufacturing or keeping explosives with harmful intent, and of conspiring to commit persons such crimes.

His Lordship understands that such an offence, if committed within the jurisdiction of the Crown, is an "extradition crime" (within the meaning of the Extradition Act) as it constitutes an offence against the Offences against the Person Act of 1861, which Act is specially mentioned in the Schedule annexed to the Extradition Act, 1870 (Amendment) Act of the 5th August, 1873. It would, of course, he necessary first to ascertain from the Netherland Government if a corresponding offence exists in the Dutch Penal Code, and, if so, if they would assent to its being included in the new Treaty. Should, however, no difficulty arise on either of these grounds, some such provision might be conveniently added to paragraph 4 of Article II. of the Treaty in its present form.

In this connection I am to observe that, at the suggestion of the Italian Government, provision has been made for the inclusion of such an offence in a Treaty of Extradition at present in course of negotiation with Italy, but which has not, as yet, reached a sufficiently advanced stage to be submitted. in its entirety, for your approval.

The offence in question is described as "making, keeping, or carrying an explosive substance, dangerous or noxious thing or material with intent to do grievous bodily harm," and it is proposed subsequently to insert the word "sending" after "keeping (see section 29 of 24 & 25 Vict. cap. 100), and Lord Salisbury considers that a stipula- tion worded in identic terms, might be proposed to the Government of the Netherlands. It has been approved by Her Majesty's Secretary of State for the Home Department after reference to the Chief Magistrate at Bow Street.

In addition to this Lord Salisbury would wish, were it possible, to make some stipulation for the mutual surrender of persons who, outside the jurisdiction of the State to which they belong, commit similar offences against that State, who, in short, are guilty of the crimes referred to in "The Explosives Act, 1883." His Lordship understands, however, that, as yet, this is not legally possible. having regard to the terms of the preamble of the Extradition Act of 1870, and to the fact that the Act of 1883, being of later date than the Extradition Acts, is not comprised in the Schedules of extradition crimes. Some considerations on this point are advanced in the Memorandum, accom- panied by the four Acts referred to, which is inclosed, and to which I am to invite your attention.

It might, however, be possible, with the assent of the Netherland Government, to record in the Treaty an understanding to the effect that arrangement shall hereafter be made for mutual surrenders in such cases, so soon as the Legislatures of the two countries had provided the necessary machinery. On this latter point Lord Salisbury would be glad to be favoured with any observations you may think well to offer. I may mention that there are precedents for entering into international engagements in anticipa- tion of future legislation, an example of which is furnished in Article IV. of the Liquor Traffic Convention, signed at the Hague in November, 1887, of which a copy is inclosed.

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