653005-1891-Extradition-between-Great-Britain-and-The-Orange-Free-State — Page 2

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470

THE HONGKONG GOVERNMENT GAZETTE, 6TH JUNE, 1891.

"His Excellency Sir Henry Brougham Loch, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Knight Commander of the Most Honourable Order of the Bath, Governor and Commander-in-Chief of the Colony of the Cape of Good Hope, Her Majesty's High Commissioner for South Africa, &c., acting on behalf and in the name of Her said Majesty;

"And his Honour Francis William Reitz, President of the Orange Free State, acting on behalf and in the name of the Government of the Orange Free State,

"Have agreed upon and concluded the following Articles :-

“ARTICLE I.

"The High Contracting Parties engage to deliver up to each other, under the circumstances and conditions stated in the present Treaty, those persons who, being accused or convicted of any of the crimes or offences enumerated in Article II, committed in the territory of the one Party, shall be found within the territory of the other Party.

"ARTICLE II.

"Extradition shall be reciprocally granted for the following crimes or offences:-

"1. Murder (including assassination, parricide, infanticide, poisoning), or attempt or conspiracy to murder.

"2. Manslaughter.

"3. Administering drugs or using instruments with intent to procure the miscarriage of women.

4. Rape.

"5. Unlawful carnal knowledge, or any attempt to have unlawful carnal knowledge, of a "girl under 16 years of age, if the evidence produced justifies committal for those crimes according to the laws of both the Contracting Parties.

"6. Indecent assault.

"7. Kidnapping and false imprisonment, child stealing.

"8. Abduction.

"9. Bigamy.

"10. Maliciously wounding or inflicting grievous bodily harın.

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11. Assault occasioning actual bodily harm.

"12. Threats, by letter or otherwise, with intent to extort money or other things of value.

"13. Perjury or subornation of perjury.

"14. Arson.

"15. Burglary or housebreaking, robbery with violence, larceny, or embezzlement,

"16. Fraud by a bailee, banker, agent, factor, trustee, director, member, or public officer of any Company, made criminal by any law for the time being in force.

17. Obtaining money, valuable security, or goods by false pretences; receiving any money, valuable security, or other property, knowing the same to have been stolen or unlawfully obtained.

"18. (a.) Counterfeiting or altering money, or bringing into circulation counterfeited or altered

money.

(b.) Forgery, or counterfeiting or altering, or uttering what is forged, counterfeited, or altered. "(c) Knowingly making, without lawful authority, any instrument, tool, or engine adapted and intended for the counterfeiting of coin of the realm.

19. Crimes against Bankruptcy Law.

"20. Any malicious act done with intent to endanger the safety of any person travelling or being upon a railway.

"21. Malicious injury to property, if such offence be indictable.

"22. Crimes committed at sea:

"(a.) Piracy by the law of nations.

(b.) Sinking or destroying a vessel at sea, or attempting or conspiring to do so.

"(c.) Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authority of the master.

"(d.) Assault on board a ship on the high seas, with intent to destroy life or to do grievous bodily harm.

"23. Dealing in slaves in such manner as to constitute a criminal offence against the laws of both States.

"The extradition is also to be granted for participation in any of the aforesaid crimes, provided such participation be punishable by the laws of both 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.

"ARTICLE III.

"Either Government may, in its absolute discretion, refuse in any case to deliver up its own subjects to the other Government.

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