230742-1936-Supplementary-Draft-Bill--Counterfeit-Currency-Convention- — Page 9

Convention

Article No.

398

Table,-Continued.

Remarks.

9

10

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acquired his nationality after the commission of the offence; but that this provision is not to apply if, in a similar case, the extradition of a foreigner could not be granted.

The law of this Colony does recognise the prin- ciple of the extradition of nationals and in this respect the local law does not differ from the law of England where it has been decided that there is no obligation of any Contracting Govern- ment, which recognised in general the principle of extradition of nationals, to apply Article 8 in cases where particular extradition treaties forbade the extradition of nationals.

This Article deals with the punishment of foreigners who have committed abroad any offence referred to in Article 3, and who are in the territory of a country whose internal legislation recognises as a general rule the principle of the prosecution of offences abroad.

The law of this Colony does not recognise as a general rule the principle of the prosecution of offences committed abroad, and therefore this Article does not apply.

This Article provides that the offences referred to in Article 3 shall be deemed to be included as extradition crimes in any extradition treaty which has been or may hereafter be concluded between any of the High Contracting Parties. It also requires that High Contracting Parties, who do not make extradition conditional on the existence of a treaty or reciprocity, to henceforth recognise the offences referred to in Article 3 as cases of extrudition between themselves; and it provides that extradition shall be granted in conformity with the law of the country to which application is made.

In the United Kingdom this Article has been carried into effect by section 4 of the Counterfeit Currency (Convention) Act, 1935. In this Colony effect has been given to the Article by section 4 of the now Ordinance. It is considered that no amendment of the First Schedule to Ordinance No. 7 of 1889 is necessary as para- graph 26 of that Schedule refers to the Coinage Offences Ordinance. 1865, and to the Forgery Ordinancs, 1922, or any Ordinance amending or substituted for the same'. These Ordinances are amended by sections 2 and 3 of the new Ordinance.

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This Article provides that counterfeit currency, as well as instruments or other articles referred to in Article 3 (5), should be seized and confiscated. Such currency, instruments or other articles should, after confiscation, be handed over request either to the Government or bank of issue whose currency is in question, with the excep- tion of exhibits whose preservation as a matter of record is required by the law of the country where the prosecution took place, and any specimens whose transmission to the Central