680926-1881-Extradition-Treaty-Great-Britain---Swiss-Confederation- — Page 5

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THE HONGKONG GOVERNMENT GAZETTE, 12TH MARCH, 1881.

"They have directed their attention to the fact that the second paragraph of the XVIth Article of the Treaty, which stipulates that the requisition for the arrest of a fugitive criminal who has taken refuge in any of the Colonies or foreign Possessions of Her Britannic Majesty shall be made through the Swiss Consul-General in London to the Secretary of State for Foreign Affairs, was not in accord- ance with the law of England, and they have consequently resolved to declare that the second para- graph of that Article beginning:

"The requisition for the arrest,' and concluding with, and the laws of the land,' shall be null and void, and in lieu thereof the following words shall be substituted :

"The requisition for the surrender of a fugitive criminal who has taken refuge in any of such Colonies or foreign Possessions shall be made to the Governor or to the Supreme Authority of such Colony or Possession through the Swiss Consul, or, in case there should be no Swiss Consul, through the Consular Agent of another State charged for the occasion with the Swiss interests in the Colony or Possession in question.

"The Governor or Supreme Authority above-mentioned shall decide with regard to such requisi- tions as nearly as possible in accordance with the provisions of the present Treaty. He will, however, be at liberty either to consent to the extradition or report the case to his Government.'

"The other provisions of Article XVI remain in force as they have been agreed upon in the Treaty. "This Protocol shall be regarded and acted upon as forming part of the Treaty in question. "In witness whereof the Undersigned have signed this Protocol, and have hereunto affixed their seals.

"Done in duplicate at Berne, the twenty-eighth day of November, in the year of Grace, one thou- sand eight hundred and seventy-four.

"The Plenipotentiaries of Great Britain and the Swiss Confederation,

(L.S.)

EDWIN CORBETT.

(L.S.)

J. M. KNÜSEL.

And whereas the ratifications of the said Treaty and Protocol were exchanged at Berne on the thirty-first day of December, one thousand eight hundred and seventy-four:

And whereas under and by virtue of the powers in and by the 17th Article of the said Treaty reserved and contained, the Swiss Confederation did on the twenty-second day of December, one thou- sand eight hundred and seventy-seven, give notice to Her Majesty's Government of the termination of the said Treaty, subject to the provisions in the said Article contained that the same should remain in force for six months after notice should be given for its termination.

*

And whereas on the nineteenth day of June, one thousand eight hundred and seventy-eight, a Convention was entered into between Great Britain and Switzerland in the terms following:-

"THE Swiss Federal Council having by a note of the 22nd December, 1877, denounced the Extradition Treaty of the 31st March, 1874, which exists between the United Kingdom of Great Britain and Ireland and the Swiss Confederation, and a new Extradition Treaty not having as yet been concluded, the High Contracting Parties, being desirous of prolonging the duration of the Treaty now in force, have named as their Plenipotentiaries for this purpose:

"Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Sir Horace Rumbold, Baronet, Her Majesty's Minister Resident to the Swiss Confederation; and

"The Federal Council of the Swiss Confederation, M. le Conseiller Fédéral Fridolin Anderwert, Chief of the Federal Department of Justice and Police;

"Who, after having communicated to each other their full powers, found in good and due form, have concluded the following Convention :-

"The duration of the Treaty of the 31st March, 1874, between the United Kingdom of Great Britain and Ireland and the Swiss Confederation is prolonged for six months, to date from the 22nd June, 1878.

"Done at Berne, this nineteenth day of June, one thousand eight hundred and seventy-eight. "The Plenipotentiary of the United Kingdom of Great Britain and Ireland:

"The Plenipotentiary of Switzerland :

Li

(Signed)

HORACE RUMBOLD.

"(Signed)

ANDERWERT.