650488-1892-Extradition-Treaty-between-Great-Britain-and-Monaco — Page 5

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THE HONGKONG GOVERNMENT GAZETTE, 23RD JULY, 1892.

"ARTICLE XVII.

"Either of the High Contracting Parties who may wish to have recourse for purposes of extra- dition to transit through the territory of a third Power shall be bound to arrange the condition of transit with such third Power.

"ARTICLE XVIII.

"When in a criminal case of a non-political character either of the High Contracting Parties should think it necessary to take the evidence of witnesses residing in the dominion of the other, or to obtain any other legal evidence, a 'Commission Rogatoire' to that effect shall be sent through the channel indicated in Article VIII, and effect shall be given thereto conformably to the laws in force in the place where the evidence is to be taken.

"ARTICLE XIX.

"All documents which shall be reciprocally communicated in execution of the present Treaty shall be accompanied by a French or English translation (certified to be correct by the Consul who transmits the document in accordance with Article VIII), when they are not drawn up in the language of the country upon which the demand is made.

"The expense of such translations shall be borne by the demanding State.

"ARTICLE XX.

"The stipulations of the present Treaty shall be applicable to the Colonies and foreign posses- sions of Her Britannic Majesty, so far as the laws for the time being in force 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 Colonies or foreign possessions may be made to the Governor or chief authority of such Colony or possession by any person authorized to act in such Colony or possession as a Consular officer of the Principality of Monaco.

"Such requisitions 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 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 criminals from Monaco who may take refuge within such Colonies and foreign possessions, on the basis, as nearly as may be, and 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 the rules laid down in the preceding Articles of the present Treaty.

"ARTICLE XXI.

"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 at any time on giving to the other six months' notice of its intention to do so.

"The Treaty shall be ratified, and the ratifications shall be exchanged at Paris as soon as possible. "In witness whereof the respective Plenipotentiaries have signed, the same, and have affixed thereto the seal of their arms.

"Done at Paris, the 17th day of December, 1891.

"(L.S.) "(L.S.)

EDWIN H. EGERTON.

LE BARON DU CHARMEL."

And whereas the ratifications of the said Treaty were exchanged at Paris on the seventeenth day of March, one thousand eight hundred and ninety-two.

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 his hereby ordered, that from and after the twenty-third day of May, one thousand eight hundred and ninety-two, the said Acts shall apply in the case of Monaco, and the said Treaty with His Serene Highness the Prince of Monaco. Provided always, and it is hereby further ordered that the operation of the said Extradition Acts, 1870 and 1873, shall be suspended within the Dominion of Canada so far as relates to Monaco and to the said Treaty, and so long as the provisions of the Canadian Act aforesaid of 1886 continue in force, and no longer.

Herbert M. Suft.

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