100424-1926-Estonia-Extradition-Order-in-Council-1926 — Page 4

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THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 29, 1926.

the two High Contracting Parties in which the magistrate, justice of the peace, or other competent authority, exercises jurisdiction. He shall, in accordance with this article, be discharged if within the term of thirty days a requisition for extradition shall not have been made by the diplomatic agent of the State claiming his extradition in accord- ance with the stipulations of this treaty. The same rule shall apply to the cases of persons accused or convicted of any of the crimes or offences specified in this treaty, and committed on the high seas on board any vessel of either State which may come into a port of the other.

ARTICLE 11.

The extradition shall take place only if the evidence be found sufficient, according to the laws of the State applied to, either to justify the committal of the prisoner for trial, in case the crime or offence had been committed in the territory of the same State, or to prove that the prisoner is the identical person convicted by the courts of the State which makes the requisition, and that the crime or offence of which he has been con- victed is one in respect of which extradition could, at the time of such conviction, have been granted by the State applied to; and no criminal shall be surrendered until after the expiration of fifteen days from the date of his committal to prison to await the warrant for his surrender.

ARTICLE 12.

In the examination which they have to make in accordance with the foregoing stipulations, the authorities of the State applied to shall admit as valid evidence the sworn depositions or the affirmations of witnesses taken in the other State, or copies thereof, and likewise the warrants and sentences issued therein, or copies there of, and certificates of, or judicial documents stating the fact of a conviction, provided the same are authenticated as follows :—

1. A warrant, or copy thereof, must purport to be signed by a judge, magis- trate, or officer of the other State, or purport to be certified under the hand of a judge, magistrate, or officer of the other State to be a true copy thereof, as the case may require.

2. Depositions or affirmations, or the copies thereof, must purport to be certified under the hand of a judge, magistrate, or officer of the other State, to be the original depositions or affirmations, or to be 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 the other State.

In every case such warrant, deposition, affirmation, copy, certificate, or judicial document must be authenticated, either by the oath of some witness, or by being sealed with the official seal of the Minister of Justice, or some other minister of the other State, or by any other mode of authentication for the time being permitted by the law of the State to which the application for, extradition is made.

ARTICLE 13.

If the individual claimed by one of the High Contracting Parties in pursuance of present convention should be also claimed by one or several other Powers on account of other crimes or offences committed within their respective jurisdictions, his extradition. shall be granted to the State whose claim is earliest in date, unless such claim is waived.

ARTICLE 14.

If sufficient evidence for the extradition be not produced within two 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 15.

All articles seized which were in the possession of the person to be surrendered at the time of his apprehension, and any articles that may serve as a proof of the crime or offence shall be given up when the extradition takes place, in so far as this may be per- mitted by the law of the State granting the extradition.