མ་་ཡང་ དག་ས་ག་ག་ག་ག་ག་ག་ད་བ་ས་ག་ག་ག་ག་ག་ག་
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THE HONGKONG GOVERNMENT GAZETTE, 13TH APRIL, 1895.
And whereas a Treaty was concluded on the fifth day of May, one thousand eight hundred and ninety-four, between Her Majesty and His Majesty the German Emperor, King of Prussia, for the mutual extradition of fugitive criminals between the territories of Her Majesty and certain Depend- encies of Germany, which Treaty is in the terms following:
HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and His Majesty the German Emperor, King of Prussia, considering it advisable to regulate by a Treaty the extradition of criminals between certain dependencies of Germany and the territories of Her Britannic Majesty, have appointed as their Plenipotentiaries for this purpose:
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, the Right Honourable John, Earl of Kimberley, Knight of the Most Noble Order of the Garter, &c., &c., Her Britannic Majesty's Secretary of State for Foreign Affairs; and
His Majesty the German Emperor, King of Prussia, His Minister of State, Paul, Count von Hatzfeldt-Wiklenburg, Knight of the Exalted Order of the Black Eagle, &c., &c., Ambassador Extra- ordinary and Plenipotentiary of His Imperial and Royal Majesty to Her Britannic Majesty ;
Who, after having communicated to each other their respective Full Powers, which were found to be in good and due form, have agreed to and concluded the following Articles :-
"ARTICLE I.
"The provisions of the Extradition Treaty signed between Germany and Great Britain on the 14th May, 1872, shall be applicable to the dependencies of Germany specified in the following Article, in such manner that persons in any of these dependencies, and within the sphere of the authorities established there, who are accused, or who have been convicted, of having committed a criminal act in the territories of Her Britannic Majesty, and persons in any of the aforesaid territories of Her Britannic Majesty, who are accused, or who have been convicted, of having committed a criminal act in any of the dependencies of Germany, shall be mutually extradited in accordance with the provisions of the aforesaid Treaty, in so far as they are not modified by the present Treaty.
"ARTICLE II.
"For the purposes of the present Treaty, the following are the dependencies of Germany referred to in Article I:-
"The territories in Africa, in New Guinea, and in the Pacific Ocean which, by agreement between Germany and Great Britain, have been, or shall in future be, reserved to Germany as spheres of influence, Protectorates, or possessions.
"ARTICLE III.
"In place of Article III of the Extradition Treaty of the 14th May, 1872, it is hereby provided, with regard to the dependencies of Germany, that there shall be no obligation to grant the extradition from those dependencies of natives or of subjects of the Empire, and that the British authorities shall be under no obligation to grant the extradition of British subjects who have been accused or convicted of a criminal act in those dependencies.
"ARTICLE IV.
"There shall be no obligation to grant extradition from the dependencies of Germany in cases where, before the extradition has taken place, such an application has been received for the transfer of the person in question to the territory of the German Empire as must, according to law, be complied with. The granting of extradition from a dependency of Germany must always be considered as being on the condition that no such application shall have been received before the extradition is carried out. In case the transfer to Germany takes place, it shall, however, be open to the British Government to apply for the extradition of the person concerned from Germany, in accordance with the terms of the Treaty of the 14th May, 1872.
"ARTICLE V.
Applications for extradition from dependencies of Germany shall be made through the British Ambassador at Berlin, in accordance with paragraph I of Article VIII of the Treaty of the 14th May, 1872, but in the case of persons who are accused, or who have been convicted, of criminal acts in the Colonies or foreign possessions of Her Britannic Majesty, the application for extradition may be made to the chief authority of the dependency of Germany from which the extradition of the persons in question is desired by the chief Consular officer of Her Britannic Majesty in the dependency in question, if there be a Consular officer therein, or, if there be none, then by the Governor or other chief authority of the Colony or foreign possession of Her Britannic Majesty concerned. It shall, however, be open to the chief authority of the dependency of Germany to refer to the German Government in case of doubt whether the application for extradition should be complied with.
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