20286-1911-Order-in-Council-applying-Extradition-Acts-1870-1906-to-Paraguay — Page 4

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THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 29, 1911.

ARTICLE 12.

409

The extradition of fugitives under the provisions of this Treaty shall be carried out in His Britannic Majesty's dominions and in the Republic of Paraguay respectively, in confor- mity with the laws regulating extradition for the time being in force in the surrendering State.

ARTICLE 13.

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

1. A warrant must purport to be signed by a Judge, Magistrate, or officer of the other State.

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 documet stating, the fact of a conviction must purport to be certified by a Judge, Magistrate, or officer of the other State.

4. In every case such warrant, deposition, affirmation, copy, certificate, or judicial docu- ment 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; but any other mode of authentication for the time being permitted by the law of the country where the examination is taken may be substituted for the foregoing.

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 upon their respective territories, his extradition shall be granted to the State whose demand is earliest in date.

ARTICLE 15.

If sufficient evidence for the extradition be not produced within ninety days 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 16.

All articles seized which were in the possession of the person to be surrendered at the time of his apprehension shall, if the competent authority of the State applied to for the extradition has ordered the delivery of such articles, be given up when the extradition takes place; and the said delivery shall extend not merely to the stolen articles, but to everything that may serve as a proof of the crime.

ARTICLE 17.

All expenses connected with extradition shall be borne by the demanding State.

ARTICLE 18.

The stipulations of the present Treaty shall be applicable to the Colonies and Possessions of His Britannic Majesty, so far as their local laws permit; for which purpose His Majesty's Government shall be at liberty to make special arrangements with them for the surrender of criminals to Paraguay in accordance with the terms of the Treaty.

The requisition for the extradition of a criminal, who has taken refuge in one of the British Colonies or Possessions, shall be addressed to the Governor or chief authority of the same by the senior local Paraguayan Consular officer, or failing him, by the Ministry for Foreign Affairs.

The Governor, or authority referred to, will deal with the demand in accordance with the provisions of the present Treaty, and to the extent permitted by the local laws; but he will be at liberty either to surrender the criminal or to refer the case to the British Government. As regards demands for the surrender of criminals fugitives from British Colonies and Possessions, they will be governed by the rules laid down in the present Treaty.

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