217773-1935-Austria-Extradition-Order-in-Council-1935 — Page 2

THE HONG KONG GOVERNMENT GAZETTE, AUGUST 9, 1935.

Supplementary Convention to this end and for this purpose have appointed as their plenipotentiaries :----

His Majesty The King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India.

For Great Britain and Northern Ireland :

Sir WALFORD SELBY, K.C.M.G., C.B., C.V.O., His Envoy Extraordinary and Minister Plenipoten- tiary at Vienna;

The Federal President of Austria.

M. EGON BERGER-WaldenEGG, Minister for Foreign

Affairs;

who, having communicated to each other their full powers, found in good and due form, have agreed as follows:-

ARTICLE 1.

From the date of the coming into force of the present Convention Article 2 of the Extradition Treaty, signed at Vienna on the 3rd December, 1873, shall be amended by the addition of the following clause :—

"Extradition may also be granted at the discretion of the High Contracting Party applied to in respect of any other crime or offence for which, according to the laws of both of the High Contracting Parties for the time being in force, the grant may be made.”

ARTICLE 2.

The foregoing amendment shall apply to extradition pro- ceedings between Austria on the one hand and, on the other hand, the following territories of His Majesty, that is to say, the United Kingdom of Great Britain and Northern Ireland, the Channel Islands, the Isle of Man, Newfoundland, British Colonies, British Protectorates to which the Extradition Treaty of the 3rd December, 1873, applies, and mandated territories to which the said Treaty has been or may be extended, and in respect of which the mandate is exercised by His Majesty's Government in the United Kingdom of Great Britain and Northern Ireland.

ARTICLE 3.

The High Contracting Parties agree that His Majesty The King may accede to the present Convention in respect of any other Member of the British Commonwealth of Nations, whose Government may desire that such accession be effected, by a notice given to that effect by the appropriate diplomatic re- presentative of His Majesty at Vienna. From the date that such notice comes into force the amendment set forth in Article 1 shall apply to extradition proceedings between Aus- tria on the one hand and, on the other, the territory of the Member of the Commonwealth concerned.

Any notice given under the first paragraph of this Article in respect of any Member of the British Commonwealth of Na- tions may include any territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Majesty and is exercised by the Government of the Member concerned.

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