THE HONGKONG GOVERNMENT GAZETTE, 31ST DECEMBER, 1898. 1311
"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 that 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 sucli further time as the State applied to, or the proper Tribunal 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 ot 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.
"ARTICLE XVI.
"All expenses connected with extradition shall be borne by the demanding State.
"ARTICLE XVII
"The stipulations of the present Treaty shall be applicable to the Colonies and foreign possessions of Her Britannic Majesty, so far as the laws for the time being in force in such Colonies and foreigır possessions respectively will allow.
"The requisition for the surrender of a fugitive criminal, who has taken refuge in any of such Colonies or foreign possessions, shall be made to the Governor or chief authority of such Colony or possession by the chief Consular officer of the Republic of Bolivia in such Colony or possession.
"Such requisition may be disposed of, subject always, as nearly as inay 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 matter 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 Bolivian criminals who may take refuge within such Colonies and foreign possessions, on the basis, so far as the law of such Colony or foreign possession will allow, of the provisions of the present Treaty.
Requisitions for the surrender of a fugitive criminal emanating from any Colony or foreign possession 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 terminated by either of the High Contracting Parties by a notice not exceeding one year, and not less than six months.
The Treaty, after receiving the approval of the Congress of the Republic of Bolivia, shall be ratified, and the ratifications shall be exchanged at Lima as soon as possible.
"In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.
two.
"Done at Lima, on the twenty-second day of February, one thousand eight hundred and ninety-
*G. JENNER.
"J. M. BRAUN."
And whereas the ratifications of the said Treaty were exchanged at Lima on the seventh day of March, 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 fourth day of November, one thousand eight hundred and ninety-eight, the said Acts shall apply in the case of Bolivia, and of the said Treaty with the President of the Republic of Bolivia. 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. Fitz Roy.
No comments yet.
Private notes are available after approval.