345
THE HONGKONG GOVERNMENT GAZETTE, 14TH MAY, 1881.
ARTICLE XI.
If, in any criminal matter, pending in any Court or Tribunal of one of the two countries, it is thought desirable to take the evidence of any witness in the other, such evidence may be taken by the judicial authorities in accordance with the laws in force on this subject in the country where the witness may be.
ARTICLE XII.
All articles seized which were in the possession of the person to be surrendered at the time of his apprehension, shall, if the competent authority of the State applied to for the extradition has ordered the delivery thereof, be given up, when the extradition takes place; and the said delivery shall extend not merely to the stolen articles, but to everything that may serve as a proof of the crime.
ARTICLE XIII.
The High Contracting Parties renounce any claim for the reimbursement of the expenses incurred by them in the arrest and maintenance of the person to be surrendered, and his conveyance till placed on board ship, as well as for the reimbursement of the expenses incurred in taking the evidence of any witness in consequence of Article XI, and in giving up and returning seized articles. They recipro- cally agree to bear such expenses themselves.
ARTICLE XIV.
The stipulations of the present Treaty shall be applicable to the Colonies and foreign possessions of Her Britannic Majesty.
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 Luxemburg Consul, or, in ease there should be no Luxemburg Consul, through the Consular Agent of another State charged for the occasion with Luxemburg in- terests in the Colony or possession in question, and recognized by such Governor or supreme authority
as such,
The Governor or supreme authority above-mentioned shall decide with regard to such requisitions 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.
Her Britannic Majesty shall, however, be at liberty to make special arrangements in the British Colonies and foreign possessions for the surrender of such individuals as shall have committed in the Grand Duchy of Luxemburg any of the crimes hereinafore mentioned, who may take refuge within such Colonies and foreign possessions, on the basis, as nearly as may be, of the provisions of the present Treaty.
The requisition for the surrender of a fugitive criminal from any Colony or foreign possession of Her Britannic Majesty shall be governed by the rules laid down in the preceding Articles of the present Treaty.
ARTICLE XV.
The present Treaty shall come into force ten days after its publication in conformity with the forms prescribed by the laws of the High Contracting Parties. It may be terminated by either of the High Contracting Parties, but shall remain in force for six months after notice has been given for its
termination.
The Treaty shall be ratified, and the ratifications shall be exchanged at Brussels as soon as possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.
Done at Luxemburg, the twenty-fourth day of November, in the year of our Lord one thousand eight hundred and eighty.
(L.S.) (L.S.)
W. STUART.
F. DE BLOCHAUSEN.
And whereas the ratifications of the said Treaty were exchanged at Brussels on the fifth day of January, one thousand eight hundred and eighty-one:
Now, therefore, Her Majesty, by and with the advice of Her Privy Council, and in virtue of the authority committed to Her by the said recited Acts, doth order, and it is hereby ordered, that from and after the fifteenth day of March, one thousand eight hundred and eighty-one, the said Acts shall apply in the case of the said Treaty with the King of the Netherlands, Grand Duke of Luxemburg.
C. L. PEEL.
No comments yet.
Private notes are available after approval.