612
No. 197.
THE HONGKONG GOVERNMENT GAZETTE, 20т DECEMBER, 1873.
GOVERNMENT NOTIFICATION.
The following Copy of an Order of Her Majesty in Council, of the 30th September last, for carrying into effect a Treaty between Her Majesty and the King of Sweden and Norway for the inutual surrender of Fugitive Criminals, is published for general information.
By Cominand,
Colonial Secretary's Office, Hongkong, 16th December, 1873.
T the Court at Balmoral, the 30th day of September,
A 1873. Α
PRESENT,
The QUEEN's Most Excellent Majesty in Council.
WHEREAS by an Act of Parliament made and passed
in the Session of Parliament holden in the thirty- third and thirty-fourth years of the reign of Her present Majesty, intituled "An Act for Amending the Law relating to the Extradition of Criminals," it was, amongst other things, enacted, that where an arrangement has been made with any foreign State with respect to the surrender to such State of any fugitive critainals, Her Majesty may, by Order in Council, direct that the said Act shall apply in the case of such foreign State; and that Her Majesty may, by the same or any subsequent Order. limit the operation of the Order, and restrict the same to fugitive criminals who are in or sus- pected of being in the part of Her Majesty's dominions specified in the Order, and render the operation thereof sub- ject to such conditions, exceptions, and qualifications as may "be deemed expedient:
•
And whereas a Treaty was concluded on the twenty-sixth day of June last between Her Majesty and the King of Sweden and Norway for the mutual extradition of fugitive criminals, which Treaty is in the terms following:-
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the King of Sweden and Norway, having judged it expedient, with a view to the better administration of justice, and to the more complete prevention of crime within the respective countries, that per- sons charged with or convicted of the crimes hereinafter enumerated, and being fugitives from justice, should under certain circumstances, be reciprocally delivered up; their said Majesties have named as their Plenipotentiaries to conclude a Treaty for this purpose; that is to say:
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Honourable Edward Morris Erskine, a Companion of the Most Honourable Order of the Bath, Her Majesty's Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of Sweden and Norway;
And His Majesty the King of Sweden and Norway, Henrick Wilhelm Bredberg, Grand Cross of the Order of the Polar Star, His Majesty's Councillor of State and Acting Minister for Foreign Affairs;
Who after having communicated to each other their re- spective full powers, found in good and due form, have agreed upon and concluded the following Articles :-.
ARTICLE I.
The High Contracting Parties engage to deliver up to each other those persons who, being accused or convicted of a crime committed in the territory of the one Party, shall be found within the territory of the other Party, under the cir- cumstances and conditions stated in the present Treaty.
ARTICLE II.
The crimes for which the extradition is to be granted are the following:
1. Murder (child murder and poisoning included) or at- tempt to murder.
2. Manslaughter.
3. Counterfeiting or altering money, uttering or bringing into circulation knowingly 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 Swedish and Norwegian penal codes as counterfeiting or falsification of paper money, bank notes
CECIL C. SMITH, Acting Colonial Sceretary.
or other securities, forgery or falsification of other public or private documents, likewise the uttering or bringing into cirenlation or wilfully using such counterfeited, forged, or falsified papers.
5. Embezzlement or larceny.
6. Obtaining money or goods by false pretences, except as regards Norway, cases in which the crime is not accompanied by aggravating circumstances according to the law of that country.
7. Crimes by bankrupts against bankruptcy law.
8. Fraud by a bailée, 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.
11. Child stealing.
12. Burglary or housebreaking.
13. Arson.
14. Robbery with violence.
15. Threats by letter or otherwise with intent to extort, except as regards Norway, cases in which this crime is not punishable by the laws of that country.
16. Sinking or destroying a vessel at sea, or attempting
to do so.
17. Assaults on board a ship on the high seas, with intent to destroy life or to do grievous bodily harm.
18. Revolt, or conspiracy to revolt, by two or more persons on board a slip on the high seas against the authority of the master; except, as regards Norway, conspiracy to revolt.
The extradition is also to take place for participation in any of the aforesaid crimes, provided such participation be pun- ishable by the laws of both the Contracting Parties.
ARTICLE III.
No Swedish or Norwegian subject shall be delivered up to the Government of the United Kingdom; and no subject of the United Kingdom shall be delivered up to the Swedish or Norwegian Government.
ARTICLE IV..
The extradition shall not take place if the person claimed has already been tried and discharged or punished, or is still under trial in the country where he has taken refuge, for the crime for which is extradition is demanded.
If the person claimed should be under examination for any other crime in the country where he has taken refuge, his extradition shall be deferred until the conclusion of the trial, and the full execution of any punishment awarded to him.
ARTICLE V.
The extradition shall not take place if, subsequently to the commission of the crime, or the institution of the penal pro- secution, or the conviction thereon, exemption from pro- secution or punishment has been acquired by lapse of time, according to the laws of the country where the criminal has taken refuge.
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 prove 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 by either of the High Contracting Parties to the other, cannot, until he has been restored or
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