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THE HONGKONG GOVERNMENT GAZETTE, 12TH MAY, 1894.
27. Any malicious act done with intent to endanger the safety of any person in a railway train. 28. Threats by letter or otherwise, with intent to extort.
29. Piracy by law of nations.
30. Sinking or destroying a vessel at sea, or attempting or conspiring to do so.
31. Assaults on board a ship on the high seas, with intent to destroy life or to do grievous bodily harm.
32. Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authority of the master.
33. 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 punishable by the laws of both the Contracting Parties.
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.
The Portuguese Government will not deliver up any person either guilty or accused of any crime punishable with death.
ARTICLE III.
The Portuguese Government will not grant the extradition of any Portuguese subject, and Her Britannic Majesty's Government will not grant the extradition of any British subject; but in the case of a naturalized subject, this Article shall only be applicable if the naturalization was obtained previous to the commission of the crime giving rise to the application for extradition.
ARTICLE IV.
The extradition shall not take place if the person claimed on the part of the British Government, or the person claimed on the part of the Portuguese Government, has already been tried and discharged or punished, or is still under trial within the territories of the two High Contracting Parties respectively, for the crime for which his extradition is demanded.
If the person claimed on the part of the British Government, or if the person claimed on the part of the Portuguese Government, should be under examination, or is undergoing sentence under a conviction for any other crime within the territories of the two High Contracting Parties respectively, his extradition shall be deferred until after he has been discharged, whether by acquittal, or on expiration of his sentence, or otherwise.
ARTICLE V.
The extradition shall not take place if, subsequently to the commission of the crime, or the institution of the penal prosecution or the conviction thereon, exemption from prosecution or punish- ment has been acquired by lapse of time, according to the laws of the State applied to.
ARTICLE VI.
A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character, or if he prove that the requisition for his surrender has, in fact, been made with a view to try or punish him for an offence of a political character.
ARTICLE VII.
A person surrendered can in no case be kept in prison or be brought to trial in the State to which the surrender has been made, for any other crime, or on account of any other matters, than those for which the extradition shall have taken place, until he has been restored, or had an opportunity of returning to the State by which he has been surrendered.
This stipulation does not apply to crimes committed after the extradition.
ARTICLE VIII.
The requisition for extradition shall be made through the Diplomatic Agents of the High Con- tracting Parties respectively.
The requisition for the extradition of an accused person must be accompanied by a warrant of arrest issued by the competent authority of the State requiring the extradition, and by such evidence as, according to the laws of the place where the accused is found, would justify his arrest if the crime had been committed there.
If the requisition relates to a person already convicted, it must be accompanied by the sentence of condemnation passed against the convicted person by the competent Court of the State that makes the requisition for extradition.
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