THE HONGKONG GOVERNMENT GAZETTE, 16TH MAY, 1885.
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When the person claimed shall have been apprehended, he shall be brought before the Magistrate issued the warrant, or some other Police Magistrate in London. If the evidence to be then inced shall be such as to justify, according to the law of England, the committal for trial of the r. if the crime of which he is accused had been committed in the United Kingdom, the Police istrate shall commit him to prison to await the warrant of the Secretary of State for his surrender, ing immediately to the Secretary of State a certificate of the committal and a report upon the case. After the expiration of a period from the committal of the prisoner, which shall never be less than n days, the Secretary of State shall, by order under his hand and seal, order the fugitive criminal surrendered to such person as may be duly authorized to receive him on the part of the Oriental Public of the Uruguay.
(b.) In the case of a person convicted-The course of proceeding shall be the same as above Heated, except that the warrant to be transmitted by the Diplomatic Representative or Consul- seral of the Oriental Republic of the Uruguay in support of his requisition shall clearly set forth the for offence of which the person claimed has been convicted, and state the place and date of his
viction.
The evidence to be produced before the Police Magistrate shall be such as would, according to the Law of England, prove that the prisoner was convicted of the crime charged.
(c.) Persons convicted by judgment in default or arrêt de contumace shall be, in the matter of extradition, considered as persons accused, and, as such, be surrendered.
(7.) After the Police Magistrate shall have committed the accused or convicted person to prison await the order of a Secretary of State for his surrender, such person shall have the right to apply for a writ of habeas corpus; if he should so apply, his surrender must be deferred until after the decision of the Court upon the return to the writ, and even then can only take place if the decision is verse to the applicant. In the latter case the Court may at once order his delivery to the person thorized to receive him, without the order of a Secretary of State for his surrender, or commit him prison to await such order.
ARTICLE VIII.
Warrauts, 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 the fact conviction, shall be received in evidence in proceedings in the dominions of the other, if purporting be signed or certified by a Judge, Magistrate, or officer of the country where they were issued or n. provided such warrants, depositions, statements, copies, certificates, and judicial documents are thenticated by the oath of some witness, or by being sealed with the official seal of the Minister of Justice, or some other Minister of State.
ARTICLE IX.
A fugitive criminal may be apprehended under a warrant issued by any Police Magistrate, Justice the Peace, or other competent authority in either country, on such information or complaint, and evidence, or after such proceedings as would, in the opinion of the authority issuing the warrant, ify the issue of a warrant if the crime had been committed or the person convicted in that part of dominions of the two Contracting Parties in which the Magistrate, Justice of the Peace, or other tent authority exercises jurisdiction: Provided, however, that in the United Kingdom the accused in such case, be sent as speedily as possible before a Police Magistrate in London. He shall in lance with this Article be discharged, as well in the United Kingdom as in the Oriental Republic Uruguay, if within the term of thirty days a requisition for extradition shall not have been made the Diplomatic or Consular 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 pages specified in this Treaty, and committed on the high seas on board any vessel of either country
may come into a port of the other.
Lich
ARTICLE X.
The stipulations of the present Treaty shall be applicable to the Colonies and foreign Possessions
Britannic Majesty.
The requisition for the surrender of a fugitive criminal who has taken refuge in any of such or foreign Possessions shall be made to the Governor or chief authority of such Colony or on by the Chief Consular Officer of the Oriental Republic of the Uruguay in such Colony or
ch requisition may be disposed of, subject always, as nearly as may be, to the provisions of this by the said Governor or chief authority, who, however, shall be at liberty either to grant the er or to refer the matter to his Government.
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