408 THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 29, 1911.
ARTICLE 5.
Extradition shall not be granted if exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of the State applying or applied to.
Neither shall it be granted if, according to the law of either country, the maximum punishment for the offence charged is imprisonment for less than one year.
ARTICLE 6.
A fugitive criminal shall not be surrendered if the offence in respect of which his sur- render is demanded is one of a political character, or if he proves that the requisition for his surrender has, in fact, been male with a view to try or punish him for an offence of a political character.
ARTICLE 7.
A person surrendered shall in no case be kept in prison or be brought to trial in the State to which the surrender has been made for any other crime, or on account of any other matters, than those for which the extradition shall have taken plan, until he has been restored. or has had an opportunity of returning, to the State by which he has been surrendered.
The stipulation does not apply to crimes commitied after the extradition.
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 had been committed there.
If the requisition relates to a person already convicted, it must be accompanied by a Copy of the judgment passed on the convicted person by the competent Court of the State that makes the requisition for extradition.
A sentence passed in contumaciam is not to be deemed a conviction, but a person so sen- tenced may be dealt with as an accused person.
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 fugitive.
ARTICLE 10.
A criminal fugitive may be apprehended under a warrant issued by any competent authority in either country, on such information or complaint, and such evidence, or after such proceedings, as would, in the opinion of the authority issuing the warrant, justify the issue of a warrant if the crime had been committed or the person convicted in that part of the dominions of the two Contracting Parties in which the said authority exercises jurisdiction; but the arrested fugitive shall be sent as speedily as possible before the competent Magistrate: of the country where he is arrested.
He shall, in accordance with this Article, be discharge, as well in the Republic of Paraguay as in the United Kingdom, if within the term of sixty days a requisition for extradition shall not have been made by the Diplomatic Agent of his country in accordance 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 country 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 had been committed in the territory of the same State, or if extradition is claimed in respect of an offence of which the fugitive has been already convicted, to prove that the prisoner is the person convicted, and that the crime of which he has been convicted is one in respect of which extradition could, at the time of such conviction, have been granted by the State applied to.
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