CO129-279 - Public Offices - 1897 — Page 322

Agreement.

2. Each Government shull mutually deliver up fugitive offenders who have committed any of the crimes or offences herein enumerated :

(a.) Murder (including assassination, parricide, infanticide, poisoning), or attempt or conspiracy to murder; manslaughter, wounding, or assault, resulting in death."

(b.) Robbery and theft.

(c.) Rape.

(d.) Abduction.

(e.) Arson.

(f) Embezzlement or fraud by a bailce, banker, agent, factor, trustee, Director, member, or public officer of any Company, made criminal by any law for the time being in force.

(g.) Obtaining money, valuable security, or goods by false pretences; receiving any money, valuable security, or other property, knowing the same to bave been stolen or unlawfully obtained.

(h.) (1.) Counterfeiting or altering money, or bringing into circulation counterfeited or altered money.

(2.) Forgery, or counterfeiting or altering, or uttering what is forged, counterfeited, or altered.

(3.) Knowingly making, without lawful authority, any instrument, tool, or engine adapted and intended for the counterfeiting of coin of the realm.

(i.) Crimes against Bankruptcy Law. (j) Crimes committed at sea. (1.) Piracy by the law of nations.

(2.) Sinking or destroying a vessel at sea,

or attempting or conspiring to do so.

(3.) Revolt or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authority of the

master.

(4.) Assault on board a ship on the high scas, with intent to destroy life or to do grievous bodily harm.

The surrender of fugitive offenders shall also take place in respect of participation in any of the aforesaid crimes or offences, provided such participation be punishable by any law for the time being in force.

3. A person surrendered shall not be detained or tried in the country demanding his rendition for any crime or offence com- mitted previous to his rendition other than the crime or offence for which his surrender has been granted, until thirty days shall have elapsed after his discharge, during which period he shall have been free to leave the territory of the country to which he has been surrendered.

4. A fugitive shall not be surrendered if the offence in respect of which the demand for his extradition is made is of a political character, or if he prove to the satisfaction

Comments.

Verbal alteration made by Japanese Privy Council. The wording is perhaps open t criticism, but the intention of the original is preserved.

Inserted by Japanese Privy Council.

Ditto.

Ditto.

Agreement.

of the competent authority of the State in which he is that the demand for his extradi- tion has been made with a view to try to punish him for an offence of a political character.

5. The procedure to be followed when a demand for the rendition of a fugitive offender is made on the part of Great Britain shall be that laid down in the Laws or Ordinances respecting extradition which are in force in the Empire of Japan.

The procedure to be followed when a demand for the rendition of a fugitive offender is made on the part of Japan, shall be that laid down in the Acts respecting extradition which are for the time being in force in the dominions of Her Britannic Majesty.

6. The demand for the rendition of a fugitive offender shall only be made when the individual claimed is a subject of the Power demanding hir rendition.

7. If the individual whose rendition is demanded should be under prosecution, or should have been condemned for a crime or offence committed in the country where he may have taken refuge, his surrender may be deferred until he shall have been dis- charged in due course of law.

In case be should be proceeded against or detained in such country on account of obligations contracted towards private

individuals the rendition shall nevertheless take place.

8. All expenses incurred in connection with the rendition of a fugitive offender shall be defrayed by the Power by which his rendition has been demanded.

9. Under the circumstances and con- ditions hereinbefore mentioned this Arrange- ment shall be applicable to cases of crimes or offences committed by the subjects of each Government in the dominions of any third Power in which such Government exercises criminal jurisdiction over its subjects.

10. This Arrangement shall have effect on and from the date of the exchange of notes. 11. It is understood on both sides that this Arrangement is to be regarded as having merely a temporary character, and that it is to be replaced by a formal Extradition Treaty whenever, as a result of the revision of the existing Treaties of Friendship and Commerce, the proper moment for the conclusion of such Extradition Treaty shall, in the opinion of the two Governments, have arrived.

The Undersigned avails himself of this opportunity to renew to his Excellency the assurance of his highest consideration.

Tökið, 1892.

[380]

3

Comments.

318

Corrected by Japanese Privy Council.

C