634063-1898-Circular-Despatch-Extradition-Treaty-Great-Britain-and-Chile — Page 4

THE HONGKONG GOVERNMENT GAZETTE, 8TH OCTOBER, 1898.

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4. In every case such warrant, deposition, affirmation, copy, certificate, or judicial document must be authenticated, either by the oath of some witness, or by being sealed with the official scal of the Minister of Justice, or some other Minister of the other State; but any other mode of authentication for the time being permitted by the law of the country where the examination is taken may be sub- stituted for the foregoing.

ARTICLE XIII.

If the individual claimed by one of the High Contracting Parties in pursuance of the present Treaty should be also claimed by one or several other Powers on account of other crimes or offences committed upon their respective territories, his extradition shall be granted to the State whose demand is earliest in date.

ARTICLE XIV.

If sufficient evidence for the extradition be not produced within two months from the date of the apprehension of the fugitive, or within such further time as the State applied to, or the proper Tribu- nal thereof, shall direct, the fugitive shall be set at liberty,

ARTICLE XV.

All articles seized which were in the possession of the person to be surrendered at the time of his apprehension shall, if the competent authority of the State applied to for the extradition has ordered the delivery of such articles, be given up when the extradition takes place; and the said delivery shall extend not merely to the stolen articles, but to everything that may serve as a proof of the crime.

All

ARTICLE XVI.

expenses connected with extradition shall be borne by the demanding State.

ARTICLE XVII.

The stipulation of the present Treaty shall be applicable to the Colonies and foreign possessions of Her Britannic Majesty, so far as the laws in such Colonies and foreign possessions respectively will

allow,

The requisition for the surrender of a fugitive criminal, who has taken refuge in any of such Co- lonies or foreign possessions, shall be made to the Governor or chief authority of such Colony or pos- session by the chief Consular officer of the Republic of Chile in such Colony or possession.

Such requisition may be disposed of, subject always, as nearly as may be, and so far as the law of such Colony or foreign possession will allow, to the provisions of this Treaty, by the said Governor or chief authority, who, however, shall be at liberty either to grant the surrender or to refer the mat- ter to his Government.

Her Britannic Majesty shall, however, be at liberty to make special arrangements in the British Colonies and foreign possessions for the surrender of Chilean criminals who may take refuge within such Colonies and foreign possessions, on the basis, so far as the law of such Colony or foreign posses- sion will allow, of the provisions of the present Treaty.

Requisitions for the surrender of a fugitive criminal emanating from any Colony or foreign pos- session of Her Britannic Majesty shall be governed by rules laid down in the preceding Articles of the present Treaty.

ARTICLE XVIII.

The present Treaty shall come into force ten days after its publication in conformity with the forms prescribed by the laws of the High Contracting Parties. It may be terininated by either of the High Contracting Parties by a notice not exceeding one year, and not less than six months.

It shall be ratified, after receiving the approval of the Congress of the Republic of Chile, and the ratifications shall be exchanged at Santiago as soon as possible.

In witness whereof the respective Plenipotentiaries have signed the same, and affixed thereto their respective seals.

Done at Santiago, the twenty-sixth day of January, in the year 1897.

(L.S.) J. G. KENNEDY.

And whereas the ratifications of the said Treaty were exchanged at Santiago on the fourteenth day of April, 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 twenty-second day of August, one thousand eight hundred and ninety-eight, the said Acts shall apply in the case of Chile, and of the said Treaty with the President of the Republic of

Chile.

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 1886, and entitled, "An Act respecting the extradition of Fugitive Criminals," shall continue in force there, and no longer.

J. H. Harrison.