540642-1905-Extratition-Treaty-with-Cuba — Page 2

THE HONGKONG GOVERNMENT GAZETTE, 21ST JULY, 1905.

ARTICLE II.

1153

Extradition shall be reciprocally granted for the following crimes or offences :---

1. Murder, or attempt or conspiracy to murder.

2. Manslaughter.

3. Administering drugs or using instruments with intent to procure the miscarriage of women. 4. Rape.

5. Carnal knowledge or any attempt to have carnal knowledge of a girl under the age of puberty according to the laws of the respective countries.

6. Indecent assault.

7. Kidnapping and false imprisonment, child-stealing.

8. Abduction.

9. Bigamy.

10. Maliciously wounding or inflicting grievous bodily harm.

11. Assault occasioning actual bodily harm.

12. Threats, by letter or otherwise, with intent to extort money or other things of value.

13. Perjury or subornation of perjury.

14. Arson.

15. Burglary or house-breaking, robbery with violence, larceny, or embezzlement.

16. Frand by a bailee, banker, agent, factor, trustee, director, member, or public officer of any Company.

17. Obtaining money, valuable security, or goods by false pretences; receiving any money, valuable security, or other property, knowing the same to have been stolen or unlawfully obtained.

18. (a.) Counterfeiting or altering money or bringing into circulation counterfeited or altered

money.

(b.) Knowingly making without lawful authority any instrument, tool, or engine adapted and intended for the counterfeiting of the coin of the realm.

(c.) Forgery, or uttering what is forged.

19. Crimes against bankruptcy law.

20. Any malicious act done with intent to endanger the safety of any persons travelling or being upon a railway.

21. Malicious injury to property, if such offence be indictable.

22. Piracy and other crimes or offences committed at sea against persons or things which, according to the laws of the High Contracting Parties, are extradition offences, and are punishable by more than one year's imprisonment.

23. Dealing in slaves in such manner as to constitute a criminal offence against the laws of both States.

Extradition shall also be granted for participation in any of the aforesaid crimes, provided such participation be punishable by the laws of both Contracting Parties.

Extradition may also be granted at the discretion of the State applied to in respect of any other crime for which, according to the law of both the Contracting Parties for the time being in force, the grant can be made.

ARTICLE III.

Neither party is obliged to surrender its own subjects or citizens to the other party.

ARTICLE IV.

Extradition shall not take place if the person claimed on the part of His Majesty's Government, or of the Government of Cuba, has already been tried and discharged or punished, or is awaiting trial in the territory of the United Kingdom or in the Republic of Cuba respectively, for the crime for which his extradition is demanded.

If the person claimed on the part of His Majesty's Government, or of the Government of Cuba' should be awaiting trial or undergoing sentence for any other crime in the territory of the United Kingdom or in the Republic of Cuba respectively, his extradition shall be deferred until after he has been discharged, whether by acquittal or on expiration of sentence, or otherwise.