774
THE NEW ZEALAND GAZETTE.
[No. 50

Despatch.—Extradition Treaty with the Orange Free State.

Colonial Secretary’s Office,
Wellington, 26th June, 1891.

THE following despatch, received from Her Majesty’s Principal Secretary of State for the Colonies, is published for general information.

P. A. BUCKLEY.

(Circular.)
Downing Street, 9th April, 1891.

MY LORD,—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 20th of March, 1891, for giving effect to the treaty between Her Majesty and the President of the Orange Free State for the mutual extradition of fugitive criminals, signed at Cape Town on the 20th of June, 1890, and at Bloemfontein on the 25th of June, 1890, the ratifications of which were exchanged at Bloemfontein on the 16th of December, 1890.

The treaty came into operation on the 6th instant, in conformity with Article XX.

I have, &c.,
KNUTSFORD.

The Officer Administering the Government
of New Zealand.

[Extract from the London Gazette of Friday, March 27, 1891.]
At the Court, at Windsor, the 20th day of March, 1891.

Present:

THE QUEEN’S MOST EXCELLENT MAJESTY,
LORD PRESIDENT, DUKE OF RUTLAND, LORD CHAMBERLAIN.

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, one thousand eight hundred and eighty-eight, 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 provision 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 twentieth and twenty-fifth days of June, one thousand eight hundred and ninety, between Her Majesty and the President of the Orange Free State, 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, Empress of India, and His Honour the President of the Orange Free State, in the name of the Government of that Republic, 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;

His Excellency Sir Henry Brougham Loch, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Knight Commander of the Most Honourable Order of the Bath, Governor and Commander-in-Chief of the Colony of the Cape of Good Hope, Her Majesty’s High Commissioner for South Africa, &c., acting on behalf and in the name of Her said Majesty; and His Honour Francis William Reitz, President of the Orange Free State, acting on behalf and in the name of the Government of the Orange Free State, 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 of the realm.
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 in any case 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 the Orange Free State, has already been tried and discharged or punished, or is still under trial in the territory of the Orange Free State 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 the Orange Free State, should be under examination for any other crime in the territory of the Orange Free State 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.