655765-1890-Circular-Despatch-Extradition-Great-Britain-and-the-United-States — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 14TH JUNE, 1890.

And whereas by an Act of the Parliament of Canada passed in 1886, and entitled "An Act respecting the Extradition of Fugitive Criminals," provision is made for carrying into effect within the Dominion the surrender of fugitive criminals :

And whereas by an Order of Her Majesty the Queen in Council, dated the seventeenth day of November one thousand eight hundred and eighty-eight, it was directed that the operation of the Extradition Acts, 1870 and 1873, should be suspended within the Dominion of Canada so long as the provision of the said Act of the Parliament of Canada of 1886 should continue in force and no longer :

And whereas a Convention was concluded on the twelfth day of July, one thousand eight hundred and eighty nine, between Her Majesty and the United States of America, for the mutual extradition of fugitive criminals, which Convention is in the terms following

WHEREAS by the Xth Article of the Treaty concluded between Her Britannic Majesty and the United States of America on the ninth day of Angust, one thousand eight hundred and forty-two, provision is made for the extradition of persons charged with certain crimes;

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And whereas it is now desired by the High Contracting Parties that the provisions of the said Article should embrace certain crimes not therein specified, and should extend to fugitives convicted of the crimes specified in the said Article and in this Convention;

"The said High Contracting Parties have appointed as their Plenipotentiaries to conclude a Con- vention for this purpose, that is to say-

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland: Sir Julian Paun- cefote, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Knight Commander of the Most Honourable Order of the Bath, and Envoy Extraordinary and Minister Plenipotentiary of Her Britannic Majesty to the United States;

And the President of the United States of America, James G. Blaine, Secretary of State of the United States;

Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles :-

"ARTICLE I.

"The provisions of the said Xth Article are hereby made applicable to the following additional crimes :-

1. Manslaughter when voluntary.

"2. Counterfeiting or altering money; uttering or bringing into circulation counterfeit or altered

money.

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3. Embezzlement; larceny; receiving any money, valuable security, or other property, knowing the same to have been embezzled, stolen, or fraudulently obtained.

“4. Fraud by a bailee, banker, agent, factor, trustee, or director or member or officer of any Company, made criminal by the laws of both countries.

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5. Perjury, or subornation of perjury.

6. Rape; abduction; child-stealing; kidnapping.

7. Burglary; housebreaking or shopbreaking.

"8. Piracy by the law of nations.

9. Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas, against the authority of the master; wrongfully sinking or destroying a vessel at sea, or attempting to do so; assaults on board a ship on the high seas, with intent to do grievous bodily harm.

"10. Crimes and offences against the laws of both countries for the suppression of slavery and slave trading.

"Extradition is also to take place for participation in any of the crimes mentioned in this Convention or in the aforesaid Xth Article, provided such participation be punishable by the laws of

both countries.

"ARTICLE II.

"A fugitive criminal shall not be surrendered, if the offence in respect of which his surrender is demanded be one of a political character, or if he proves 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.

"No person surrendered by either of the High Contracting Parties to the other shall be triable or tried, or be punished for any political crime or offence, or for any act connected therewith, committed previously to his extradition.

"If any question shall arise as to whether a case comes within the provisions of this Article, the decision of the authorities of the Government in whose jurisdiction the fugitive shall be at the time shall be final.

" ARTICLE III.

"No person surrendered by or to either of the High Contracting Parties shall be triable or be tried for any crime or offence committed prior to his extradition, other than the offence for which he was surrendered, until he shall have had an opportunity of returning to the country from which he was surrendered.