759
THE NEW ZEALAND GAZETTE.

Her Britannic Majesty's Principal Secretary of
State for Foreign Affairs by the Minister or other
Diplomatic Agent of His Majesty the King of the
Belgians, accompanied by a warrant of arrest or other
equivalent judicial document, issued by a Judge or
Magistrate duly authorized to take cognizance of the
acts charged against the accused in Belgium, together
with duly authenticated depositions or statements
taken on oath or upon solemn affirmation before such
Judge or Magistrate, clearly setting forth the said
acts, and containing a description of the person
claimed, and any particulars which may serve to
identify him. The said Secretary of State shall
transmit such documents to Her Britannic Majesty's
Principal Secretary for State for the Home Depart-
ment, who shall then, by order under his hand and
seal, signify to some Police Magistrate in London
that such requisition has been made, and require him,
if there be due cause, to issue his warrant for the
apprehension of the fugitive.

On the receipt of such order from the Secretary of
State, and on the production of such evidence as
would, in the opinion of the Magistrate, justify the
issue of the warrant if the crime had been committed
in the United Kingdom, he shall issue his warrant
accordingly.

When the fugitive shall have been apprehended, he
shall be brought before the Police Magistrate who
issued the warrant, or some other Police Magistrate
in London. If the evidence to be then produced
shall be such as to justify, according to the law of
England, the committal for trial of the prisoner, if
the crime of which he is accused had been committed
in England, the Police Magistrate shall commit him
to prison to await the warrant of the Secretary of
State for his surrender, sending immediately to the
Secretary of State a certificate of the committal and
a report upon the case.

After the expiration of a period from the committal
of the prisoner, which shall never be less than fifteen
days, the Secretary of State shall, by order under his
hand and seal, order the fugitive criminal to be
surrendered to such person as may be duly authorized
to receive him on the part of the Government of His
Majesty the King of the Belgians.

2. In the case of a person convicted—

The course of proceeding shall be the same as in
the case of a person accused, except that the warrant
to be transmitted by the Minister or other Diplomatic
Agent in support of his requisition shall clearly set
forth the crime of which the person claimed has been
convicted, and state the fact, place, and date of his
conviction. The evidence to be produced before the
Police Magistrate shall be such as would, according
to the law of England, prove that the prisoner was
convicted of the crime charged.

After the Police Magistrate shall have committed
the accused or convicted person to prison to await
the order of a Secretary of State for his surrender,
such person shall have the right to apply for a writ
of habeas corpus; if he should so apply, his surrender
must be deferred until after the decision of the
Court upon the return to the writ, and even then can
only take place if the decision is adverse to the
applicant.

ARTICLE III.

In the dominions of His Majesty the King of the
Belgians, other than the colonies or foreign posses-
sions of His said Majesty, the manner of proceeding
shall be as follows:—

1. In the case of a person accused—

The requisition for the surrender shall be made to
the Minister for Foreign Affairs of His Majesty the
King of the Belgians by the Minister or other Diplo-
matic Agent of Her Britannic Majesty, accompanied
by a warrant of arrest or other equivalent judicial
document, issued by a Judge or Magistrate duly
authorized to take cognizance of the acts charged
against the accused in Great Britain, together with
duly authenticated depositions or statements taken
on oath or upon solemn affirmation before such Judge
or Magistrate, clearly setting forth the said acts and
containing a description of the person claimed, and
any other particulars which may serve to identify
him.

The Minister for Foreign Affairs shall transmit
the warrant of arrest, with the documents thereto
annexed, to the Minister of Justice, who shall for-
ward the same to the proper judicial authority, in
order that the warrant of arrest may be put in course
of execution by the Chamber of the Council (Chambre
du Conseil) of the Court of First Instance of the
place of residence of the accused, or of the place
where he may be found.

The foreigner may claim to be provisionally set at
liberty in any case in which a Belgian enjoys that
right, and under the same conditions. The applica-
tion shall be submitted to the Chamber of the Council
(Chambre du Conseil).

The Government will take the opinion of the
Chamber of Indictments or Investigation (Chambre
des Mises en Accusation) of the Court of Appeal,
within whose jurisdiction the foreigner shall have
been arrested.

The hearing of the case shall be public, unless the
foreigner should demand that it should be with closed
doors.

The public authorities and the foreigner shall be
heard. The latter may obtain the assistance of
counsel.

Within a fortnight from the receipt of the docu-
ments, they shall be returned, with a reasoned opinion,
to the Minister of Justice, who shall decide and may
order that the accused be delivered to the person
duly authorized on the part of the Government of
Her Britannic Majesty.

2. In the case of a person convicted—

The course of proceeding shall be the same as in
the case of a person accused, except that the convic-
tion or sentence of condemnation issued in original
or in an authenticated copy, to be transmitted by the
Minister or other Diplomatic Agent in support of his
requisition, shall clearly set forth the crime of which
the person claimed has been convicted, and state the
fact, place, and date of his conviction. The evidence
to be produced shall be such as would, according to
the Belgian laws, prove that the prisoner was con-
victed of the crime charged.

ARTICLE IV.

A fugitive criminal may, however, be apprehended
under a warrant issued by any Police Magistrate,
Justice of the Peace, or other competent authority
in either country, on such information or complaint,
and such evidence, or after such proceedings, as would,
in the opinion of the person issuing the warrant,
justify the issue of a warrant, if the crime had been
committed or the prisoner convicted in that part of
the dominions of the two contracting parties in which
he 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. He shall be discharged, as
well in the United Kingdom as in Belgium, if within
fourteen days a requisition shall not have been made
for his surrender by the Diplomatic Agent of his
country, in the manner directed by Articles II. and
III. of this Treaty.

The same rule shall apply to the cases of persons
accused or convicted of any of the crimes specified