197534-1933-Iraq-Extradition-Order-in-Council-1933 — Page 6

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THE HONG KONG GOVERNMENT GAZETTE, JUNE 9, 1933.

ARTICLE 13.

In the examinations which they have to make in accordance with the foregoing stipulations, the authorities of the High Contracting Party applied to shall admit as valid evidence the sworn depositions or the affirmations of witnesses taken in the territories of the other High Contracting Party, or copies thereof, and likewise the warrants and sentences issued therein, or copies threof, and certificates of, or judicial documents stating the fact of a conviction, providing the same are authenticated as follows:-

(1) A warrant, or copy thereof, must purport to be signed by a judge, magistrate, or officer of the other High Contracting Party, or purport to be certified under the hand of a judge, magistrate, or officer of the other High Contracting Party 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 High Contracting Party, 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 High Contracting Party.

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 High Contracting Party, or by any other mode of authentication for the time being permitted by the law of the High Contracting Party to whom application for extradition is made.

ARTICLE 14.

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

ARTICLE 15.

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 High Contracting Party applied to, or the proper tribunal of such High Con- tracting Party, shall direct, the fugitive shall be set at liberty.

ARTICLE 16.

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 permitted by the law of the High Contracting Party granting the extradition.

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