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THE HONGKONG GOVERNMENT GAZETTE, 25TH MARCH, 1899.
"ARTICLE XVI.
"The respective Governments mutually renounce all claim for the repayment of expenses in- curred by them in the arrest and maintenance and transport of the person to be surrendered, and all other expenses which may be incurred within the limits of their respective territories until the person to be surrendered is placed on board ship, together with the expenses of giving up and returning all seized articles and of sending and returning the papers containing proof of the crime, or other docu- ments, and they reciprocally agree to bear all such expenses themselves.
"The above stipulations, however, shall not apply to extradition to and from Canada, as regards which Colony all the expenses shall be borne by the demanding State.
"The person to be extradited shall be sent to the port which the Diplomatic or Consular Agent of the demanding State shall indicate.
"ARTICLE XVII.
"If in any criminal matter pending in any Court or Tribunal of one of the two countries it is thought desirable to take the evidence of any witness in the other, such evidence may be taken by the judicial authorities in accordance with the laws in force on this subject in the country where the wit- ness may be; and any expenses incurred in taking such evidence shall be defrayed by the country in which it is taken.
"ARTICLE XVIII
"The stipulations of the present Treaty shall apply to the Colonies and foreign possessions of the two High Contracting Parties, but being based upon the legislation of the mother country, shall only be observed on either side so far as they may be compatible with the laws in force in those Colonies or possessions.
"The demand for the extradition of an offender who has taken refuge in a Colony or foreign possession of either Contracting Party may also be made directly to the Governor or principal functionary of that Colony or possession by the Governor or principal functionary of a Colony or possession of the other Contracting Party when the two Colonies or foreign possessions are situated in Asia, Australia (including New Zealand and Tasmania), the Pacific and Indian Oceans, or South or East Africa.
"The same rule shall be followed if the two Colouies or foreign possessions are situated in America (including the West India Islands).
"The said Governors or principal functionaries shall have the power either of granting the extra- dition or of referring the question to their Government.
"In all other cases, the demand for extradition shall be made through the Diplomatic channel. "The period of provisional arrest provided for in Article X shall for the purposes of this Article be extended to sixty days.
" ARTICLE XIX.
"From the day when the present Treaty shall come into force the Treaty of Extradition between the two countries of the 19th June, 1874, shall cease to have effect; but the present Treaty shall apply to all crimes within the Treaty, whether committed before or after the day when it comes into force.
"ARTICLE XX.
"The present Treaty shall be ratified, and the ratifications shall be exchanged as soon as possible. "The Treaty shall come into force three months after the exchange of the ratifications. It may be terminated by either of the High Contracting Parties at any time on giving to the other six months' notice of its intention to do so.
"In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.
"Done in duplicate at London, this 26th day of September, 1898.
"SALISBURY.
“SCHIMMELPENNINCK v. D. OYE,”
And whereas the ratifications of the said Treaty were exchanged at London on the fourteenth day of December, one thousand eight hundred and ninety-eight.
Now, therefore, Her Majesty, by and with the advice of Her Privy Council, and in virtue of the authority committed to Her by the said recited Acts, doth order, and it is hereby ordered, that from and after the fourteenth day of March, one thousand eight hundred and ninty-nine, the said Acts shall apply in the case of the Netherlands, and of the said Treaty with the Queen of the Netherlands.
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 passel 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. Fitz Roy...
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