THE HONGKONG GOVERNMENT GAZETTE, JULY 13, 1906. 1257
Extradition shall not be granted if, according to the laws of either country, the maximum punishment for the offence charged is imprisonment for less than one year.
ARTICLE III.
No Nicaraguan shall be delivered up by the Government of Nicaragua to the Govern- ment of the United Kingdom, and no subject of the United Kingdom shall be delivered up by the Government thereof to the Government of Nicaragua.
ARTICLE IV,
The extradition shall not take place if the person claimed on the part of the Government of the United Kingdom, or the person claimed on the part of the Government of Nicaragua, has already been tried and discharged or punished, or is still under trial in the territory of Nicaragua or in the United Kingdom respectively for the crime for which bis extradition is demanded.
If the person c'aimed on the part of the Government of the United Kingdom, or if the person claimed on the part of the Government of Nicaragua, should be under examination for any crime in the territory of Nicaragua or in the United Kingdom respectively, his extradition shall be deferred until the conclusion of the trial and the full execution of any punishment awarded to him.
ARTICLE Y.
The extradition shall not take place if, subsequently to the commission of the crime, or the institution of the penal prosecution or the conviction thereon, exemption from pro- secution or punishment has been acquired by lapse of time, according to the laws of the State applied to.
ARTICLE VI.
A fugitive shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character, or if he prove that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character.
ARTICLE VII.
A person surrendered can 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 place. This stipulation does not apply to crimes committed after the extradition.
ARTICLE VIII.
The requisition for extradition shall be made through the Diplomatic Agents, or duly recognised Consuls-General 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 sentence of condemnation passed against 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 sentenced may be dealt with as an accused person,
ARTICLE IX.
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.
The prisoner is then to be brought before a competent Magistrate, who is to examine him and to conduct the preliminary investigation of the case, just as if the apprehension had taken place for a crime committed in the same country.
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