8
The best way to overcome this difficulty would probably be to provide that subjects of third States should not be surrendered without the consent of their Government. Provision to that effect already exists in the Treaties between some European States.
5. British subjects should not be surrendered by Great Britain to Japan. A proposal was made last month for a conference with Mr. Gubbins. Perhaps the best plan would be to arrange for one now between him, Mr. Fraser, Mr. Davidson, and myself, on the result of which we could consult Home, Colonial, and India Offices.
H. G. B.
No. 3.
Memorandum by Sir H. Bergne.
ON speaking to Mr. Fraser and Mr. Gubbins, I found there was not much to confer about until a draft had been prepared. They were both of opinion that the best course would be to regulate the matter by Treaty; and I have consequently prepared the annexed draft for consideration and criticism.
The only special points to which I desire to call attention are the following:- Article II. A full list of crimes is given, according to our latest Treaties with civilized Powers. Is there any objection to this in the case of Japan?
Article III. The stipulation as to non-surrender of nationals has been made absolute. We could not surrender British subjects to be tried and punished in Japan by Japanese Courts.
Article IV. It is proposed to overcome the difficulty of dealing with subjects of third States by the provision that they cannot be surrendered without the consent of such third State. Such a provision is not unknown in Extradition Treaties now in existence between some foreign States.
A stipulation is inserted that Japan shall not surrender a British subject to a third State without consent of Great Britain.
This is to meet cases where Japan might make Treaties similar to that recently concluded by her with the United States, but which might be with States, e.g., China, to which we should not suffer a British subject to be surrendered.
We cannot make the engagement reciprocal on account of the terms of some of our existing Treaties.
The usual stipulation as to priority of claim by two or more Powers has been omitted as inapplicable. This Treaty relates almost entirely to the surrender of Japanese to Japan, and of British subjects to Great Britain, so that the case would not be likely to arise in a contentious form.
Article XII might be modified, if necessary, to meet Japanese views to a certain extent.
Article XVI. The Colonial Office might be asked if some arrangement should not be made for Colonial Governments to make extradition claims, and send the documents, direct through Her Majesty's Minister at Tôkið, and in that case, if the words "Minister of State of Her Britannic Majesty" at the end of Article XII includes a Colonial Minister.
I should like in the first place to have the observations of Mr. Fraser, Mr. Gubbins, Mr. Jervoise, and Mr. Davidson, and we could then refer to Home Office, Colonial Office, India Office, and Law Officers, if it is decided to go on with the matter in this form.
H. G. B. November 25, 18C2.
Mr. Fraser and Mr. Gubbins will no doubt point out the considerations which seem to make the conclusion of a regular Extradition Treaty with Japan unobjectionable.
P. C.
9
Annex.
Draft Treaty between Great Britain and Japan for the Mutual Surrender of Fugitive Criminals.
HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and His Majesty the Emperor of Japan, having judged it expedient, with a view to the better administration of justice and to the prevention of crime within their respective territories, that persons charged with or convicted of the crimes hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up; the said High Contracting Parties have named as their Plenipotentiaries to conclude a Treaty for this purpose, that is to say:
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India;
And His Majesty the Emperor of Japan;
Who, having communicated to each other their respective Full Powers, found in good and due form, have agreed upon and concluded the following Articles:
ARTICLE I.
The High Contracting Parties engage to deliver up to each other those persons who, being accused or convicted of a crime or offence committed in the territory of the one Party, shall be found within the territory of the other Party, under the circumstances and conditions stated in the present Treaty.
ARTICLE II.
The crimes or offences for which the extradition is to be granted are the following:
1. Murder, or attempt, or conspiracy to murder.
2. Manslaughter.
3. Assault occasioning actual bodily harm.
4. Maliciously wounding or inflicting grievous bodily harm.
5. Counterfeiting or altering money, or uttering counterfeit or altered money.
6. Knowingly making any instrument, tool, or engine adapted and intended for counterfeiting coin.
7. Forgery, counterfeiting, or altering or uttering what is forged, or counterfeited or altered.
8. Embezzlement or larceny.
9. Malicious injury to property if the offence be indictable.
10. Obtaining money, goods, or valuable securities by false pretences.
11. Receiving money, valuable security, or other property, knowing the same to have been stolen, embezzled, or unlawfully obtained.
12. Crimes against Bankruptcy Law.
13. 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.
14. Perjury, or subornation of perjury.
15. Rape.
16. Carnal knowledge, or any attempt to have carnal knowledge, of a girl under 16 years of age.
17. Indecent assault.
18. Administering drugs, or using instruments, with intent to procure the miscarriage of a woman.
19. Abduction.
20. Child stealing.
21. Abandoning children, exposing or unlawfully detaining them.
22. Kidnapping and false imprisonment.
23. Burglary or housebreaking.
24. Arson.
25. Robbery with violence.
26. Any malicious act done with intent to endanger the safety of any person in a railway train.
27. Threats by letter or otherwise, with intent to extort.
28. Piracy by law of nations.
29. Sinking or destroying a vessel at sea, or attempting or conspiring to do so.
30. Assaults on board a ship on the high seas, with intent to destroy life, or do grievous bodily harm.
31. Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas, against the authority of the master.
32. Dealing in slaves in such a manner as to constitute a criminal offence against the laws of both States.
Extradition is also to be granted for participation in any of the aforesaid crimes, provided such participation be punishable by the laws of both the Contracting Parties.
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8
The best way to overcome this difficulty would probably be to provide that subjects of third States should not be surrendered without the consent of their Government. Provision to that effect already exists in the Treaties between some European States.
5. British subjects should not be surrendered by Great Britain to Japan. A proposal was made last month for a conference with Mr. Gubbins. Perhaps the best plan would be to arrange for one now between him, Mr. Fraser, Mr. Davidson, and myself, on the result of which we could consult Home, Colonial, and India Offices.
H. G. B.
No. 3.
Memorandum by Sir H. Bergne.
ON speaking to Mr. Fraser and Mr. Gubbins, I found there was not much to confer about until a draft had been prepared. They were both of opinion that the best course would be to regulate the matter by Treaty; and I have consequently prepared the annexed draft for consideration and criticism.
The only special points to which I desire to call attention are the following:- Article II. A full list of crimes is given, according to our latest Treaties with civilized Powers. Is there any objection to this in the case of Japan?
Article III. The stipulation as to non-surrender of nationals has been made absolute. We could not surrender British subjects to be tried and punished in Japan by Japanese Courts.
Article IV. It is proposed to overcome the difficulty of dealing with subjects of third States by the provision that they cannot be surrendered without the consent of such third State. Such a provision is not unknown in Extradition Treaties now in existence between some foreign States.
A stipulation is inserted that Japan shall not surrender a British subject to a third State without consent of Great Britain.
This is to meet cases where Japan might make Treaties similar to that recently concluded by her with the United States, but which might be with States, e.g., China, to which we should not suffer a British subject to be surrendered.
We cannot make the engagement reciprocal on account of the terms of some of our existing Treaties.
The usual stipulation as to priority of claim by two or more Powers has been omitted as inapplicable. This Treaty relates almost entirely to the surrender of Japanese to Japan, and of British subjects to Great Britain, so that the case would not be likely to arise in a contentious form).
Article XII might be modified, if necessary, to meet Japanese views to a certain
extent.
Article XVI. The Colonial Office might be asked if some arrangement should not be made for Colonial Governments to make extradition claims, and send the documents, direct through Her Majesty's Minister at Tôkið, and in that case, if the words "Minister of State of Her Britannic Majesty" at the end of Article XII includes a Colonial Minister.
I should like in the first place to have the observations of Mr. Fraser, Mr. Gubbins, Mr. Jervoise, and Mr. Davidson, and we could then refer to Home Office, Colonial Office, India Office, and Law Officers, if it is decided to go on with the matter in this form.
H. G. B. November 25, 18C2.
Mr. Fraser and Mr. Gubbins will no doubt point out the considerations which seem to make the conclusion of a regular Extradition Treaty with Japan unobjectionable.
P. C.
9
Annex.
Draft Treaty between Great Britain and Japan for the Mutual Surrender of Fugitive Criminals.
HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and His Majesty the Emperor of Japan, having judged it expedient, with a view to the better adminis- tration of justice and to the prevention of crine within their respective territories, that persons charged with or convicted of the crimes hereinafter euuerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up; the said High Contracting Parties have named as their Plenipotentiaries to conclude a Treaty for this purpose, that is to say:
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India;
And His Majesty the Emperor of Japan;
Who, having communicated to each other their respective Full Powers, found in good and due form, have agreed upon and concluded the following Articles :----
ARTICLE I.
The High Contracting Parties engage to deliver up to each other those persons who, being accused or convicted of a crime or offence committed in the territory of the one Party, shall be found within the territory of the other Party, under the circumstances and conditions stated in the present Treaty.
coin.
ARTICLE II.
The crimes or offences for which the extradition is to be granted are the following:-
1. Murder, or attempt, or conspiracy to murder.
2. Manslaughter.
3. Assault occasioning actual bodily harra.
4. Maliciously wounding or inflicting grievous bodily harm.
5. Counterfeiting or altering money, or uttering counterfeit or altered money.
6. Knowingly making any instrument, tool, or engine adapted and intended for counterfeiting
7. Forgery, counterfeiting, or altering or uttering what is forged, or counterfeited or altered.
8. Embezzlement or larceny.
9. Malicious injury to property if the offence be indictable.
10. Obtaining money, goods, or valuable securities by false pretences.
11. Receiving money, valuable security, or other property, knowing the same to have been stolen,
embezzled, or unlawfully obtained.
12. Crimes against Bankruptcy Law.
13. Fraud by a baileo, 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,
14. Perjury, or suboruation of perjury.
15. Rape.
16. Carnal knowledge, or any attempt to have carnal knowledge, of a girl under 16 years of age.
17. Indecent assault.
18. Administering drugs, or using instruments, with intent to procure the miscarriage of a
woman.
19. Abduction.
20. Child stealing.
21. Abandoning children, exposing
от
unlawfully detaining them.
22. Kidnapping and false imprisonment,
23. Burglary or housebreaking.
24. Arson.
25. Robbery with violence.
26. Any malicious act done with intent to endanger the safety of any person in a railway train.
27. Threats by letter or otherwise, with intent to extort.
28. Piracy by law of nations.
29. Sinking or destroying a vessel at sea, or attempting or conspiring to do so.
30. Assaults on board a ship on the high seas, with intent to destroy life, or do grievous bodily
harm.
31. Revolt, or conspiracy to revolt, by two or more persons on board a skip on the high seas, against the authority of the master.
32. Dealing in slaves in such a manner as to constitute a criminal offence against the laws of both States.
Extradition is also to be granted for participation in any of the aforesaid crimes, provided such participation be punishable by the laws of both the Contracting Parties.
[380]
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སོ་ཉ་
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