540720-1905-Extradition-Treaty-with-Switzerland--Supplementary-Convention — Page 2

1182

THE HONGKONG GOVERNMENT GAZETTE, 28TH JULY, 1905.

And whereas a Treaty was concluded on the twenty-sixth day of November, one thousand eight hundred and eighty, between Her late Majesty Queen Victoria and the Swiss Federal Council for the mutual extradition of fugitive criminals, in the case of which Treaty the Extradition Acts of 1870 and 1873 were applied by Order in Conncil of the eighteenth May, one thousand eight hundred and eighty-

one;

And whereas a Supplementary Convention was concluded on the twenty-ninth day of June, one thousand nine hundred and four, between His Majesty and the Federal Council of the Swiss Confe- deration, amending Article XVIII of the said Treaty of the twenty-sixth of November, one thousand eight hundred and eighty, for the mutual extradition of fugitive cirminals, which Supplementary Con- vention is in the terms following:-

Convention supplementing Article XVIII of the Extradition Treaty concluded between Great Britain and Switzerland, November 26, 1880.

The Government of His Majesty the King of the United Kingdom of Great Britain and Ireland, and the Federal Council of the Swiss Confederation, having decimed it necessary to extend, so far as regards the relations of Switzerland with the British Colonies and foreign possessions, the periods of thirty days and two months respectively fixed by Article III, paragraph 3, and Article VIII of the Treaty concluded on the 26th November, 1880, between Her late Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, &c., and the Swiss Federal Council respecting the extradition of persons accused or condemned, the Undersigned, duly authorized to that effect by their respective Governments, have agreed as follows:-

The following stipulation is added to the first paragraph of Article XVIII of the Treaty of Extradition:

"Nevertheless, so far as regards the relatious of Switzerland with these Colonies and foreign posses- sions, the period of time fixed by Artic'e III, paragraph 3, within which the requisition for extradition is to be made through the diplomatic channel, shall be six weeks: and that provided by Article VIII for the production of proof sufficient to warrant the extradition shall be three calendar months."

The present Convention shall come into force from the date when the ratifications shall be exchanged. It shall have the same force and duration as the Treaty of Extradition of the 26th November, 1880, to which it relates.

It shall be ratified, and the ratifications shall be exchanged at London as soon as possible.

In witness whereof the undersigned have signed the present Convention, and have affixed their seals thereto.

Done at London in duplicate, the 29th day of June, 1904.

(L.S.) ( L.S.)

LANSDOWNE.

CARLIN.

And whereas the ratifications of the said Supplementary Convention were exchanged at London on the twenty-ninth day of March, one thousand nine hundred and five :

Now, therefore, His Majesty, by and with the advice of His Privy Council, and in virtue of the authority committed to Hin by the said recited Acts, doth order, and it is hereby ordered, that from and after the ninth day of June, one thousand nine hundred and five, the said Acts shall apply in the case of Switzerland, under and in accordance with the said Treaty, as amended by the said Supple- mentary Convention above set forth.

Provided always that the operation of the said Acts shall be and remain suspended within the Dominion of Canada so long as an Act of the Parliament of Canada passed in one thousand eight hundred and eighty-six, and entitled "An Act respecting the Extradition of Fugitive Criminals," shall continue in force there, and no longer.

A. W. FITZROY.