431
THE HONGKONG GOVERNMENT GAZETTE, 25TH MARCH, 1899.
"Who, having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles :-
"ARTICLE I.
"The High Contracting Parties engage to deliver up to each other those persons who, being accused or convicted of a crime or offence committed in the territory of the one Party, shall be found within the territory of the other Party, under the circumstances and conditions stated in the present Treaty.
"ARTICLE II.
"The crimes or offences for which the extradition is to be granted are the following
"1. Murder, including infanticide, or attempt, or conspiracy to murder, including such crimes when directed against the Sovereign, his heir, or any other person whomsoever, provided that the crime is not of a political character.
"2. Manslaughter, including the manslaughter of a child.
"3. Assault occasioning actual bodily harm.
"4. Maliciously wounding or inflicting grievous bodily harm.
"5. Counterfeiting or altering money, or uttering counterfeit or altered money.
"6. Forgery, counterfeiting or altering, or uttering what is forged, counterfeited or altered.
"7. Embezzlement; fraud by a bailee, banker, agent, factor, trustee, or director or member or public officer of any Company, made criminal by any law for the time being in force; or larceny.
"8. Malicious injury to property if the offence be indictable.
"9. Obtaining money, goods, or valuable securities by false pretences.
"10. Crimes against bankruptcy law.
11. Perjury, or subornation of perjury.
"12. Rape.
13. Carnal knowledge, or any attempt to have carnal knowledge, of a girl under 16 years of age. "14. Indecent assault.
"15. Administering drugs, or using instruments with intent to procure the miscarriage of a
woman.
"16. Abduction.
"17. Child stealing.
"18. Kidnapping of minors and their false imprisonment.
19. Burglary or house-breaking.
"20. Arson.
"21. Robbery with violence.
"22. Any malicious act done with intent to endanger the safety of a railway train.
23. Threats by letter or otherwise, with intent to extort.
"24. Piracy by law of nations.
"25. Sinking or destroying a vessel at sea, or attempting to do so.
"26. Assaults on board a ship on the high seas, with intent to destroy life, or do grievous bodily harm.
27. Revolt by two of more persons on board a ship on the high seas, against the authority of
the master.
28. Dealing in slaves in such a manner as to constitute a criminal offence against the laws of both States.
"Extradition is also to be granted for participation in any of the aforesaid crimes, provided such participation be an extradition crime by the laws of the State applied to.
"In the foregoing cases extradition shall take place only when the crime, if committed within the jurisdiction of the country on which the claim for surrender is made, would constitute an extradi- tion crime by the laws of that country.
"Extradition may also be granted, at the discretion of the State applied to, in respect of any other crime for which, according to the laws of both the Contracting Parties for the time being in force, the grant can be made.
"ARTICLE III.
Either Government may, in its absolute discretion, refuse to surrender its own subjects to the other Government.
"ARTICLE IV. -
“The extradition shall not take place if the person claimed on the part of the British Govern- ment, or the person claimed on the part of the Netherland Government, has already been tried and discharged or punished, or is actually upon his trial, within the territory of the other of the two High Contracting Parties, for the crime for which his extradition is demanded,
No comments yet.
Private notes are available after approval.