658768-1889-Extradition-Treaty-Mexico — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 15TH JUNE, 1889..

At the Court at Windsor, the 6th day of April, 1889.

PRESENT,

The QUEEN's Most Excellent Majesty.

Lord President.

Duke of Rutland.

Earl of Limerick. Viscount Lewisham.

THEREAS by the Extradition Acts, 1870 and 1873, it was amongst other things enacted, that where an arrangement has been made with any foreign State with respect to the surrender to such State of any fugitive criminals, Her Majesty may, by Order in Council, direct that the said Acts shall apply in the case of such foreign State; and that Her Majesty may, by the same or any subse- quent Order, limit the operation of the Order, and restrict the same to fugitive criminals who are in or suspected of being in the part of Her Majesty's dominions specified in the Order, and render the operation thereof subject to such conditions, exceptions, and qualifications as may be deemed expedient: and that if, by any law made after the passing of the Act of 1870 by the Legislature of any British possession, provision is made for carrying into effect within such possession the surrender of fugitive- criminals who are in or suspected of being in such British possession, Her Majesty may, by the Order in Council applying the said Acts in the case of any foreign State, or by any subsequent Order, suspend the operation within any such British possession of the said Acts, or of any part thereof, so far as it relates to such foreign State, and so long as such Law continues in force there and no longer :

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And whereas by an Act of the l'arliament 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 Treaty was concluded on the seventh day of September, one thousand eight hundred and eighty-six, between Her Majesty and the President of the United States of Mexico, for the Mutual Extradition of Fugitive Criminals, which Treaty is in the terms following

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and his Excellency the President of the United States of Mexico, having judged it expedient, with a view to the better administration of justice and to the prevention of crime within the two countries and their jurisdictions, that persons charged with or convicted of the crimes or offences hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, have named as their Plenipotentiaries to conclude a Treaty (that is to say):

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Sir Spenser St. John, Knight Commander of St. Michael and St. George, Envoy Extraordinary and Minister Plenipo- tentiary of Her Britannic Majesty in Mexico;

And his Excellency the President of the United States of Mexico, Señor Licenciado on Emilio Velasco, ex-Minister Plenipotentiary of Mexico in France, &c., &c.;

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 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. Carnal knowledge, or any attempt to have 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 Con- tracting Parties,

6. Indecent assault.

7. Kidnapping and false imprisonment, child-stealing.

8. Abduction.

9. Bigamy.

10. Maliciously wounding or inflicting grievous bodily harm.