107847-1927-Lithuania-Extradition-Order-in-Council-1927 — Page 3

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THE HONG KONG GOVERNMENT GAZETTE, JULY 15, 1927.

23. Any malicious act done with intent to endanger the safety of any persons

travelling or being upon à railway.

24. Malicious injury to property, if such offence be indictable.

25. Piracy and other crimes or offences committed at sea against persons or things which, according to the laws of the High Contracting Parties, are extradition crimes or offences.

20. Dealing in slaves in such manner as to constitute a crime or offence against

the laws of both States.

The extradition is also to be granted for participation in any of the aforesaid crimes or offences, providing such participation be punishable by the laws of both Contracting

Parties.

Extradition may also be granted at the discretion of the State applied to in respect of any other crime or offence for which, according to the law of both the Contracting Parties for the time being in force, the grant can be made.

ARTICLE 3.

Each Party reserves the right to refuse or grant the surrender of its own subjects or citizens to the other Party.

ARTICLE 4.

The extradition shall not take place if the person claimed has already been tried and discharged or punished, or is still under 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 and the full execution of any punishment awarded to him,

ARTICLE 5.

The extradition shall not take place if, subsequently to the commission of the crime or offence or the institution of the penal prosecution or the conviction thereon, exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of the State applying or applied to.

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, in fact, been made with a view to try or punish him for a crime or offence of a political character.

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 restored, or 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 respectively.

The requisition for the extradition of an accused person must be accompanied by a warrant of arrest issued by the competent authority of the State requiring the extradition, and by such evidence as, according to the laws of the place where the accused is found, would justify his arrest if the crime or offence had been committed there.