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THE HONGKONG GOVERNMENT GAZETTE, JULY 19, 1907.
ARTICLE III.
Each of the High Contracting Parties reserves the right to grant or refuse the surrender of its own subjects or citizens.
ARTICLE IV.
The surrender shall not take place when the person claimed by the Government of either of the two nations has already been tried and sentenced by the authorities of the other for the crime for which his extradition is demanded.
If the person claimed should be awaiting trial in the territory of one of the two nations, or be undergoing sentence in it on account of any other crime than that for which his extra- dition is claimed, his surrender shall be deferred until after he has been discharged, whether by acquittal or on the expiration of his sentence, or by pardon or otherwise.
ARTICLE V.
The extradition shall not take place if, subsequently to the commission of the crime, or the institution of the penal prosecution or the conviction thereon, exemption from prosecu- tion or punishment has been acquired by lapse of time, according to the laws of the State applying or 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 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.
ARTICLE VII.
A person surrendered may 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 had an opportunity of returning to the State by which he has been surrendered.
This stipulation does not apply to crimes committed after the extradition.
ARTICLE VIH,
The requisition for extradition shall be made through the Diplomatic Agents of the High Contracting Parties respectively; in default of these by the Consular Officers, and in the absence of both of these, directly, from Government to Government.
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.
Also, in case of extradition being demanded by Great Britain for a crime which is au offence against some statute, a copy of the said statute shall be sent; and if for a crime at common law only, an extract from some text-book generally recognized as authoritative may be sent, as indicating the punishment applicable to the offence giving rise to the requisition.
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.
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