THE HONGKONG GOVERNMENT GAZETTE, 6TH JUNE, 1891.
"ARTICLE IV.
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"The extradition shall not take place if the person claimed on the part of Her Majesty's Govern- ment, or the person claimed on the part of the Government of the Orange Free State, has already been tried and discharged or punished, or is still under trial in the territory of the Orange Free State or in the United Kingdom respectively, for the crime for which his extradition is demanded.
"If the person claimed on the part of Her Majesty's Government, or on the part of the Govern- ment of the Orange Free State, should be under examination for any other crime in the territory of the Orange Free State or in the United Kingdom respectively, his extradition shall be deferred until the conclusion of the trial and the full execution of any punishment awarded to him.
"ARTICLE V.
"The extradition shall not take place if, subsequently to the commission of the crine, 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 has had an op- portunity 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 Her Majesty's High Commissioner for South Africa on behalf of the United Kingdom and Her Majesty's Colonies or foreign possessions, not excluded from this Treaty by Article XVIII, and through the Consul-General of the Orange Free State at London on behalf of the Government of the said State.
"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.
"A sentence passed in contumaciam is not to be deemed a conviction, but a person so sentenced may be dealt with as an accused person.
“ ARTICLE IX.
"If the requisition for extradition be in accordance with the foregoing stipulations, the competent. authorities of the State applied to shall proceed to the arrest of the fugitive.
“ARTICLE X.
“A fugitive criminal may be apprehended, under a warrant issued by any Police Magistrate, Justice of the Peace, or other competent authority in either country, on such information or complaint, and such evidence, or after such proceedings as would, in the opinion of the authority issuing the warrant, justify the issue of a warrant if the crime had been committed or the person convicted in that part of the dominions of the two Contracting Parties in which the Magistrate, Justice of the Peace, or other competent authority exercises jurisdiction; provided, however, that in the United Kingdom the accused shall, in such case, be sent as speedily as possible before a Police Magistrate in London. The criminal shall, in accordance with this Article, be discharged, as well in the Orange Free State as in the United Kingdom, if within the term of forty-five days a requisition for extradition shall not have been made by the Diplomatic Agent of his country in accordance with the stipulations of this Treaty.
"The same rule shall apply to the cases of persons accused or convicted of any of the crimes or offences specified in this Treaty, and committed on the high seas on board any vessel of either country which may come into a port of the other.
“ARTICLE XI.
"The extradition shall take place only if the evidence be found sufficient, according to the laws of the State applied to, either to justify the committal of the prisoner for trial, in case the crime had been committed in the territory of the same State, or to prove that the prisoner is the identical person convicted by the Courts of the State which makes the requisition, and that the crime of which he has been convicted is one in respect of which extradition could, at the time of such conviction, have been granted by the State applied to; and no criminal shall be surrendered until after the expiration of fifteen days from the date of his committal to prison to await the warrant for his surrender.
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