THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 4, 1927.
ARTICLE 4.
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The extradition shall not take place if the person claimed has already been tried and discharged or convicted, or is still awaiting trial in the State applied to, for the crime or offence for which his extradition is demanded.
If the person claimed should be under examination or under punishment in the State applied to for any other crime or offence, his extradition shall be deferred until the conclusion of the trial or, in case of his conviction, until the full execution of any punish- ment imposed on him.
ARTICLE 5.
The extradition shall not take place if, subsequently to the commission of the crime or offence or the institution of the prosecution or the conviction thereon, exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of either State.
ARTICLE 6.
A fugitive criminal shall not be surrendered if the crime or offence in respect of which his surrender is demanded is one of a political character, or if he proves that the requisition for his surrender has been made with a view to try or to punish him for a crime or offence of a political character.
The State applied to or the courts of that State shall decide whether the crime or offence is of a political character or not.
ARTICLE 7.
A person surrendered can in no case be kept in custody or be brought to trial in the State to which the surrender has been made for any other crime or offence, or on account of any other matters, than those for which the extradition shall have taken place, until he has been set at liberty and has had an opportunity of returning to the State by which he has been surrendered.
tion.
This stipulation does not apply to crimes or offences committed after the extradi-
ARTICLE 8.
The requisition for extradition shall be made through the diplomatic agents of the High Contracting Parties.
The requisition for the extradition of a person charged must be accompanied by a warrant of arrest or other judicial document of like nature issued by the competent authority of the State demanding the extradition, and by such evidence as, according to the laws of the place where the person charged is found, would justify his arrest if the crime or offence had been committed there.
If the claim for extradition relates to a person already convicted, it must be accom- panied by the sentence of condemnation passed on him by the competent court of the State that makes the claim.
A person sentenced in contumaciam shall not be dealt with as a convicted person, but as a person charged.
The documents forwarded in support of the requisition shall be drawn up in the State (official) language of the State making it.
ARTICLE 9.
If the requisition for extradition be in accordance with the foregoing stipulations, the competent authorities of the State applied to shall proceed to the arrest of the fugi- tive.
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