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THE HONGKONG GOVERNMENT GAZETTE, 30TH JULY, 1881.
After having examined these documents, the Swiss Federal Council shall communicate them to may be the Cantonal Government in whose territory the person charged is found in order that he examined by a judicial or police officer on the subject of their contents.
and
The Cantonal Government will transmit the procès-verbal of the examination, together with all the documents, accompanied, if there be one, by a more detailed report to the Federal Council, who, after having examined them, and there be no opposition on either side, will grant the extradition, will communicate its decision both to the British Legation and to the Cantonal Government in question, to the latter in order that it may send the person to be surrendered to such place on the frontier, and deliver him to such foreign police authority as the British Legation may name in each special case.
Should the documents furnished with a view of proving the facts, or of establishing the identity of the accused, or the particulars collected by the Swiss authorities appear insufficient, notice shall be immediately given to the Diplomatic Representative of Great Britain, in order that he may furnish further evidence. If such further evidence be not furnished within fifteen days the person arrested shall be set at liberty.
In the event of the application of this Treaty being contested, the Swiss Federal Council will transmit the documents ("dossier") to the Swiss Federal Tribunal, whose duty is to decide definitely the question whether extradition should be granted or refused.
The Federal Council will communicate the judgment of the Federal Tribunal to the British Legation. If this judgment grants the extradition the Federal Council will order its execution, as in the case when the Federal Council itself grants the extradition. If, on the other hand, the Federal Tribunal refuses the extradition, the Federal Council will immediately order the person accused to be set at liberty.
ARTICLE VII.
In the examinations which they have to make in accordance with the foregoing stipulations, the authorities of the State applied to shall admit as entirely valid evidence the depositions or statements of witnesses, either sworn or solemnly declared to be true, taken in the other State, or copies thereof, · and likewise the warrants and sentences issued therein, or copies thereof, provided such documents purport to be signed or certified by a Judge, Magistrate, or officer of such State, and are authenticated by the official seal of a British Secretary of State, or of the Chancellor of the Swiss Confederation, being affixed thereto.
The personal attendance of witnesses can be required only to establish the identity of the person who is being proceeded against with that of the person arrested.
ARTICLE VIII.
If proof sufficient to warrant the extradition be not furnished within two months from the day of the apprehension, the person arrested shall be discharged from custody.
ARTICLE IX.
the Swiss Government shall be represented at the English In cases where it be necessary,
may Courts by the Law Officers of the Crown, and the English Government in the Swiss Courts by the competent Swiss authorities.
The respective Governments will give the necessary assistance within their territories to the Representatives of the other State who claim their intervention for the custody and security of the persons subject to extradition.
No claim for the repayment of expenses for the assistance mentioned in this Article shall be made by either of the Contracting Parties.
ARTICLE X.
The present Treaty shall apply to crimes and offences committed prior to the signature of the Treaty ; but a person surrendered shall not be tried for any crime or offence committed in the other country before the extradition other than the crime for which his surrender has been granted.
ARTICLE XI.
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 prove that the requisition for his surrender has, in fact, been made with a view to try and punish him for an offence of a political character.
ARTICLE XII.
The extradition shall not take place if, subsequently to the commission of the crime, or the insti- tution of the penal prosecution, or the conviction thereon, exemption from prosecution or punishment has been acquired according to the laws of the State applied to.
ARTICLE XIII.
The extradition shall not take place if the person claimed on the part of the Government of the United Kingdom, or the person claimed on the part of the Swiss Government, has already been tried and discharged or punished, or is still under trial, in one of the Swiss Cantons or in the United Kingdom respectively, for the crime for which his extradition is demanded.
ARTICLE XIV.
If the person claimed on the part of the Government of the United Kingdom, or if the person claimed on the part of the Swiss Government, should be under examination, or have been condemned
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