682081-1881-Extradition-Treaty-between-Great-Britain-and-Switzerland- — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 30TH JULY, 1881.

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Honourable Hussey Crespigny Vivian, a Companion of Her Most Honourable Order of the Bath, Her Majesty's Minister Resident to the Swiss Confederation;

And the Swiss Federal Council, its Vice-President, F. Anderwert, Federal Councillor and Chief of the Federal Department of Justice and Police;

Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles:-

ARTICLE I.

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland engages to deliver up, under the circumstances and on the conditions stipulated in the present Treaty, all persons, and the Swiss Federal Council engages to deliver up, under the like circumstances and conditions, all persons, excepting Swiss citizens, who, having been charged with, or convicted by the Tribunals of one of the two High Contracting Parties of the crimes or offences enumerated in Article II, committed in the territory of the one party, shall be found within the territory of the other.

In the event of the Federal Council being unable, by reason of his Swiss nationality, to grant the extradition of an individual, who after having committed in the United Kingdom one of the crimes or offences enumerated in Article II, should have taken refuge in Switzerland, the Federal Council engages to give legal effect to and prosecute the charge against him according to the laws of the Canton of his origin; and the Government of the United Kingdom engages to communicate to the Federal Council all documents, depositions, and proofs relating to the case, and to cause the commis- sions of examination directed by the Swiss Judge, and transmitted through the proper Diplomatic channel, to be executed gratuitously.

ARTICLE II.

The crimes for which the extradition is to be granted are the following:

1. Murder (including infanticide) and attempt to murder.

2. Manslaughter.

3. Counterfeiting or altering money, uttering or bringing into circulation counterfeit or altered

money.

4. Forgery, or counterfeiting, or altering, or uttering what is forged, or counterfeited, or altered; comprehending the crimes designated in the Penal Codes of both States as counterfeiting or falsifica- tion of paper money, bank notes, or other securities, forgery, or falsification of other public or private documents, likewise the uttering or bringing into circulation, or wilfully using such counterfeited, forged, or falsified papers.

5. Embezzlement or larceny.

6. Obtaining money or goods by false pretences.

7. Crimes against bankruptcy law.

8. Fraud committed by a baillie, banker, agent, factor, trustee, or director, or member or public officer of any Company made criminal by any law for the time being in force.

9. Rape.

10. Abduction of minors.

11. Child stealing or kidnapping.

12. Burglary, or house-breaking, with criminal intent.

13. Arson.

14. Robbery with violence.

15. Threats by letter or otherwise with intent to extort.

16. Perjury or subornation of perjury.

17. Malicious injury to property, if the offence be indictable.

The extradition is also to take place for participation in any of the aforesaid crimes, as an acces- sory before or after the fact, provided such participation be punishable by the laws of both Contracting

Parties.

ARTICLE III.

A fugitive criminal may be apprehended in either country under a warrant issued by any Police Magistrate, Justice of the Peace, or other competent authority, on such information or complaint, and such evidence, or after such proceedings as would, in the opinion of the authority issuing the warrant, justify the issue of a warrant if the crime had been committed or the person convicted in that part of the dominions of the two Contracting Parties in which the Magistrate, Justice of the Peace, or other competent authority exercises jurisdiction: provided, however, that, in the United Kingdom, the accused shall, in such case, be sent as speedily as possible before a Police Magistrate in London.

Requisitions for provisional arrest may be addressed by post or by telegraph, provided they pur- port to be sent by some judicial or other competent authority. Such requisitions must contain a description in general terms of the crime or offence, and a statement that a warrant has been granted for the arrest of the criminal, and that his extradition will be demanded.