800
THE HONGKONG GOVERNMENT GAZETTE, 28TH AUGUST, 1886.
"The course of proceeding shall be the same as in the case of a person accused, except that th warrant to be transmitted by the Minister or other Diplomatic Agent in support of his requisition shall clearly set forth the crime of which the person claimed has been convicted, and state the fact place, and date of his conviction. The evidence to be produced before the Magistrate charged with the investigation of the case shall be such as would, according to the laws of Ecuador, prove that th prisoner was convicted of the crime charged.
"ARTICLE IV.
"A fugitive criminal may, however, be apprehended under a warrant issued by any Police Magis trate or other competent authority in either country, on such information or complaint, and s evidence, or after such proceedings as would, in the opinion of the person issuing the warrant, just the issue of a warrant if the crime had been committed or the prisoner convicted in that part of t dominions of the two Contracting Parties in which he exercises jurisdiction: Provided, however, the in the United Kingdom the accused shall, in such case, be sent as speedily as possible before a Polic Magistrate in London, and that he shall be discharged, if within thirty days a requisition shall no have been made for his surrender by the Diplomatic Agent of his country, in the manner directed by Articles II and III of this Treaty.
"The same rule shall apply to the cases of persons accused or convicted of any of the crime: specified in this Treaty, committed on the high seas, on board any vessel of either country, whiel may come into any port of the other.
"ARTICLE V.
"If the fugitive criminal who has been committed to prison be not surrendered and conveyer away within two months after such committal, or within two months after the decision of the Cour upon the return to a writ of habeas corpus in the United Kingdom, he shall be discharged from custody unless sufficient cause be shown to the contrary.
ARTICLE VI.
"When any person shall have been surrendered by either of the High Contracting Parties to the other, such person shall not, until he has been restored, or had an opportunity of returning to th country from whence he was surrendered, be triable or tried for any offence committed in the othe country prior to the surrender, other than the particular offence on account of which he was surrendered
"ARTICLE VII.
"In any case where an individual convicted or accused in Ecuador of any of the crimes describe in the present Treaty, and who shall have taken refuge in the United Kingdom; shall have obtained naturalization there, such naturalization shall not prevent the search for, arrest, and surrender of sucl individual to the Ecuatorian authorities, in conformity with the said Treaty.
"In like manner the surrender shall take place on the part of Ecuador in any case where a individual accused or convicted in England of any of the same crimes who shall have taken refuge in Ecuador shall have obtained naturalization there.
"ARTICLE VIII.
"No accused .or convicted person shall be surrendered, if the offence in respect of which hi surrender is demanded shall be deemed by the party upon whom it is made to be one of a politics character, or if he prove to the satisfaction of the Police Magistrate; or of the Court before which h' is brought on habeas corpus, or to the Secretary of State, that the requisition for his surrender has, i. fact, been made with a view to try or to punish him for an offence of a political character.
"ARTICLE IX.
"Warrants, depositions, or statements on oath, issued or taken in the dominions of either of the two High Contracting Parties, and copies thereof, and certificates of or judicial documents stating th. fact of conviction, shall be received in evidence in proceedings in the dominions of the other if purport' ing to be signed or certified by a Judge, Magistrate, or officer of the country where they were issue or taken.
"Provided such warrants, depositions, statements, copies, certificates, and judicial documents ar authenticated by the oath of some witness, or by being sealed with the official seal of the Minister o Justice, or some other Minister of State.
"ARTICLE X.
“The surrender shall not take place if, since the commission of the acts charged, the accusation or the conviction, exemption from prosecution or punishment has been acquired by lapse of time according to the laws of the country where the accused shall have taken refuge.
No comments yet.
Private notes are available after approval.