26

THE NEW ZEALAND GAZETTE. [No. 4

Treaty of Friendship between Great Britain and
Tonga.

Colonial Secretary's Office,
Wellington, 10th January, 1880.

THE following letter and its enclosure are pub-
lished for general information.
JOHN HALL.

Nasova, Fiji, 5th December, 1879.
SIR,—I have the honor to enclose for your Excel-
lency's information a copy of a Treaty of Friendship
between Great Britain and Tonga, signed at Nukua-
lofa on the 29th ultimo.

I have, &c.,
A. GORDON.

His Excellency Sir H. G. R. Robinson,
G.C.M.G., &c.

TREATY OF FRIENDSHIP BETWEEN HER MAJESTY
THE QUEEN OF GREAT BRITAIN AND IRELAND
AND THE KING OF TONGA.

HER Majesty the Queen of the United Kingdom
of Great Britain and Ireland, and His Majesty the
King of Tonga, being desirous to maintain and
strengthen the relations of friendship which happily
subsist between their respective dominions and sub-
jects, have resolved to conclude a treaty for that
purpose, and have therefore named as their plenipo-
tentiaries:

Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland, &c., &c., &c.:
The Honorable Sir Arthur Hamilton Gordon,
Knight Grand Cross of the Most Distinguished
Order of Saint Michael and Saint George, Her
Britannic Majesty's High Commissioner and Consul-
General for the Western Pacific, Governor of Fiji;
and
Alfred Percival Maudslay, Esquire, one of Her
Majesty's Deputy Commissioners for the Western
Pacific; and

His Majesty the King of Tonga, &c. :
Wellington Tubou Malohi, Knight of the Order
of the Red Eagle of the second class, Governor of
Vavou; and
George Fatafehi, Governor of Haapai;

Who, after having communicated to each other
their respective full powers, have agreed upon and
concluded the following Articles:—

ARTICLE I.

There shall be perpetual peace and friendship
between Her Majesty the Queen of the United
Kingdom of Great Britain and Ireland, her heirs
and successors, and His Majesty the King of Tonga,
his heirs and successors, and between their respective
dominions and subjects.

ARTICLE II.

His Majesty the King of Tonga engages to grant to
no other Sovereign or State any rights, powers,
authority or privileges in Tonga in excess of those
accorded to Her Britannic Majesty. The subjects of
Her Britannic Majesty shall always enjoy in Tonga
whatever rights, privileges, and immunities they now
possess, or which are now accorded to the subjects
of the most favoured nation; and the like privileges
shall be equally enjoyed by Tongan subjects in the
territories of Her Britannic Majesty; and no rights,
privileges, or immunities shall be granted hereafter
in Tonga to the subjects of any foreign state which
shall not equally and unconditionally be granted to
the subjects of Her Britannic Majesty.

ARTICLE III.
(a.) If any subject of Her Britannic Majesty in
Tonga is charged with a criminal offence cognizable
by British law, such charge may be tried by Her
Britannic Majesty's High Commissioner for the
Western Pacific Islands, or other British Officer duly
authorized by Her Britannic Majesty in that behalf.
(b.) If any subject of Her Britannic Majesty in
Tonga is charged with an offence against the muni-
cipal law of Tonga, not cognizable as such under
British law, he shall be amenable to the jurisdiction
of the Tongan Courts, the proceedings of which shall
be conducted in public, and the records of which
shall be public and accessible.
(c.) If any subject of Her Britannic Majesty in
Tonga is charged with a criminal offence cognizable
as such both by British law and the laws of Tonga,
the party charged may elect whether he will be tried
by a Tongan Court, or by the Court of Her Britannic
Majesty's High Commissioner.
(d.) Any civil suit which may be brought in Tonga
against any subject of Her Britannic Majesty in
Tonga, shall be brought before and shall be tried by
the Court of Her Britannic Majesty's High Com-
missioner.
(e.) Every summons or warrant to appear as a
witness before the Court of Her Britannic Majesty's
High Commissioner, issued in accordance with British
law, and directed to a Tongan subject, shall, if possi-
ble, be indorsed by a Judge of the Supreme Court of
Tonga, and, when so indorsed, shall have the same
authority and may be enforced in like manner as if
issued by the Supreme Court of Tonga, but where it
shall be made to appear to the Court that the delay
required to procure such indorsement might lead to
the escape or removal of a material witness, such
summons or warrant may be issued by the Court
without such indorsement, and shall have the same
authority and may be enforced in like manner as if
such summons or warrant had been directed to a
subject of Her Britannic Majesty.
(f.) The expression "British law" in this Article
includes any regulations duly made and issued by
Her Britannic Majesty's High Commissioner for
the Western Pacific Islands for the better govern-
ment of British subjects within his jurisdiction.

ARTICLE IV.

Her Britannic Majesty agrees to surrender to His
Majesty the King of Tonga any Tongan subject who,
being accused or convicted of any of the under-
mentioned crimes, committed in the territory of the
King of Tonga, shall be found within the territory of
Her Britannic Majesty.
The crimes for which such surrender may be
granted are the following:---Murder or attempt to
murder, embezzlement or larceny, fraudulent bank-
ruptcy, forgery.

ARTICLE V.

The present treaty shall come into force and effect
from the date of the signatures thereof, but shall
again become null and void if not ratified within the
prescribed period.

ARTICLE VI.

The present treaty shall be ratified and the ratifi-
cations exchanged at Nukualofa within twelve
months from the date thereof.
In witness whereof the respective plenipotentiaries
have signed the same, and have affixed thereto their
seals.

Done at Nukualofa the twenty-ninth day of
November, in the year of our Lord one thousand
eight hundred and seventy-nine.

(L.S.) ARTHUR GORDON.
(L.S.) ALFRED P. MAUDSLAY.
(L.S.) UELIGTONI TUBOU MALOHI.
(L.S.) JIAOJI FATAFEHI.