352
THE NEW ZEALAND GAZETTE.
[No. 16

(Circular.) Downing Street, 27th December, 1889.
SIR,—I have the honour to transmit to you, for publication in the colony under your Government, a copy of an Order of Her Majesty the Queen in Council, dated the 28th of November, 1889, for giving effect to the treaty between Her Majesty and the President of the Republic of Colombia for the mutual extradition of fugitive criminals, signed at Botogá on the 27th of October, 1888, the ratifications of which were exchanged at Botogá on the 21st of August, 1889. The treaty came into operation on the 16th of December, in conformity with Article XVIII.

I have, &c.,
KNUTSFORD.

The Officer Administering the Government
of New New Zealand.

[Extract from the London Gazette of Friday, December 6, 1889.]
At the Court at Windsor, the twenty-eighth day of November, 1889.

Present:

THE QUEEN’S MOST EXCELLENT MAJESTY,
LORD PRESIDENT, EARL OF ZETLAND, SECRETARY LORD KNUTSFORD, LORD ASHBOURNE, SIR JAMES FERGUSSON, BART., SIR JAMES CAIRD.

WHEREAS by the Extradition Acts, 1870 and 1873, 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 criminals, Her Majesty may, by Order in Council, direct that the said Acts 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 suspected of being in, the part of Her Majesty’s dominions specified in the order, and render the operation thereof subject to such conditions, exceptions, and qualifications as may be deemed expedient ; and that if, by any law made after the passing of the Act of 1870 by the Legislature of any British possession, provision is made for carrying into effect within such possession the surrender of fugitive criminals who are in, or suspected of being in, such British possession, Her Majesty may, by the Order in Council applying the said Acts in the case of any foreign State, or by any subsequent order, suspend the operation within any such British possession of the said Acts, or of any part thereof, so far as it relates to such foreign State, and so long as such law continues in force there and no longer :

And whereas by an Act of the Parliament of Canada passed in 1886, and entitled “An Act respecting the Extradition of Fugitive Criminals,” provision is made for carrying into effect within the Dominion the surrender of fugitive criminals :

And whereas by an Order of Her Majesty the Queen in Council, dated the seventeenth day of November, 1888, it was directed that the operation of the Extradition Acts, 1870 and 1873, should be suspended within the Dominion of Canada so long as the provisions of the said Act of the Parliament of Canada of 1886 should continue in force and no longer :

And whereas a treaty was concluded on the twenty-seventh day of October, one thousand eight hundred and eighty-eight, between Her Majesty and the President of the Republic of Colombia, 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 Excellency the President of the Republic of Colombia, having judged it expedient, with a view to the better administration of justice, and to the prevention of crime within the two countries and their jurisdictions, that persons charged with or convicted of the crimes or offences hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, have named as their Plenipotentiaries to conclude a treaty, that is to say,—

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland : William John Dickson, Esquire, her Minister Resident to the Republic of Colombia ; and

His Excellency the President of the Republic of Colombia : Vicente Restrepo, Minister for Foreign Affairs of the said republic ;

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.

The high contracting parties engage to deliver up to each other, under the circumstances and conditions stated in the present treaty, those persons who, being accused or convicted of any 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 party.

ARTICLE II.

Extradition shall be reciprocally granted for the following crimes or offences :—

1. Murder (including assassination, parricide, infanticide, poisoning), or attempt or conspiracy to murder.
2. Manslaughter.
3. Administering drugs or using instruments with intent to procure the miscarriage of women.
4. Rape.
5. Unlawful carnal knowledge, or any attempt to have unlawful carnal knowledge, of a girl under sixteen years of age, if the evidence produced justifies committal for those crimes according to the laws of both the contracting parties.
6. Indecent assault.
7. Kidnapping and false imprisonment, child-stealing.
8. Abduction.
9. Bigamy.
10. Maliciously wounding or inflicting grievous bodily harm.
11. Assault occasioning actual bodily harm.
12. Threats, by letter or otherwise, with intent to extort money or other things of value.
13. Perjury or subornation of perjury.
14. Arson.
15. Burglary or housebreaking, robbery with violence, larceny, or embezzlement.
16. Fraud by a bailee, banker, agent, factor, trustee, director, member, or public officer of any company, made criminal by any law for the time being in force.
17. Obtaining money, valuable security, or goods by false pretences ; receiving any money, valuable security, or other property, knowing the same to have been stolen or unlawfully obtained.
18. (a.) Counterfeiting or altering money, or bringing into circulation counterfeited or altered money.
    (b.) Forgery, or counterfeiting or altering, or uttering what is forged, counterfeited, or altered.
    (c.) Knowingly making, without lawful authority, any instrument, tool, or engine adapted and intended for the counterfeiting of coin, or forgery of any paper money of the respective countries.
19. Crimes against bankruptcy law.
20. Any malicious act done with intent to endanger the safety of any person travelling or being upon a railway.
21. Malicious injury to property, if such offence be indictable.
22. Crimes committed at sea :—
    (a.) Piracy by the law of nations.
    (b.) Sinking or destroying a vessel at sea, or attempting or conspiring to do so.
    (c.) Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authority of the master.
    (d.) Assault on board a ship on the high seas with intent to destroy life or to do grievous bodily harm.
23. Dealing in slaves in such manner as to constitute a criminal offence against the laws of both States.

The extradition is also to be granted for participation in any of the aforesaid crimes, provided such participation be punishable by the laws of both contracting parties.

Extradition may also be granted at the discretion of the State applied to in respect of any other crime for which, according to the laws of both the contracting parties for the time being in force, the grant can be made.

ARTICLE III.

Either Government may, in its absolute discretion, refuse to deliver up its own subjects to the other Government.

ARTICLE IV.

The extradition shall not take place if the person claimed on the part of Her Majesty’s Government, or the person claimed on the part of the Government of Colombia, has already been tried and discharged, or punished, or is still under trial in the territory of Colombia or in the United Kingdom respectively, for the crime for which his extradition is demanded.

If the person claimed on the part of Her Majesty’s Government, or on the part of the Government of Colombia, should be under examination for any other crime in the territory of Colombia or in the United Kingdom respectively, 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 prosecution or the conviction thereon, exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of the State applied to.

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.