May 9.] THE NEW ZEALAND GAZETTE. 773

and certain dependencies of Germany, which was signed at
London on the 5th of May, 1894, and of which the ratifica-
tions were exchanged at London on the 3rd of December, 1894.
I have, &c.,
RIPON.

The Officer administering the Government
of New Zealand.

—

Enclosure.

[Extract from the London Gazette of 8th February, 1895.]
ORDER IN COUNCIL.—EXTRADITION TREATY WITH GERMANY.
Osborne House, Isle of Wight, 2nd February, 1895.
At the Court at Osborne House, Isle of Wight, the 2nd day of
February, 1895.

Present :
THE QUEEN'S MOST EXCELLENT MAJESTY,
LORD PRESIDENT, MARQUESS OF RIPON, LORD CHAMBERLAIN,
LORD KENSINGTON, MR. CECIL RHODES.

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 crimi-
nals :

And whereas by an Order of Her Majesty the Queen in
Council, dated the seventeenth day of November, one thou-
sand 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 fifth day of
May, one thousand eight hundred and ninety-four, between
Her Majesty and His Majesty the German Emperor, King of
Prussia, for the mutual extradition of fugitive criminals
between the territories of Her Majesty and certain depend-
encies of Germany, 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 Majesty the
German Emperor, King of Prussia, considering it advisable
to regulate by a treaty the extradition of criminals between
certain dependencies of Germany and the territories of Her
Britannic Majesty, have appointed as their plenipotentiaries
for this purpose :

" Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, Empress of India, the Right Honourable
John, Earl of Kimberley, Knight of the Most Noble Order of
the Garter, &c., &c., Her Britannic Majesty's Secretary of
State for Foreign Affairs ; and

" His Majesty the German Emperor, King of Prussia, His
Minister of State, Paul, Count von Hatzfeldt-Wildenburg,
Knight of the Exalted Order of the Black Eagle, &c., &c.,
Ambassador Extraordinary and Plenipotentiary of His Im-
perial and Royal Majesty to Her Britannic Majesty ;

" Who, after having communicated to each other their
respective full powers, which were found to be in good and
due form, have agreed to and concluded the following
articles :—

" Article I.

" The provisions of the extradition treaty signed between
Germany and Great Britain on the 14th May, 1872, shall be
applicable to the dependencies of Germany specified in the
following article, in such manner that persons in any of these
dependencies, and within the sphere of the authorities
established there, who are accused or who have been con-
victed of having committed a criminal act in the territories
of Her Britannic Majesty, and persons in any of the aforesaid
territories of Her Britannic Majesty who are accused or who
have been convicted of having committed a criminal act in

any of the dependencies of Germany, shall be mutually
extradited in accordance with the provisions of the aforesaid
treaty, in so far as they are not modified by the present treaty.

" Article II.

" For the purposes of the present treaty, the following are
the dependencies of Germany referred to in Article I. : The
territories in Africa, in New Guinea, and in the Pacific Ocean
which, by agreement between Germany and Great Britain,
have been, or shall in future be, reserved to Germany as
spheres of influence, protectorates, or possessions.

" Article III.

" In place of Article III. of the extradition treaty of the
14th May, 1872, it is hereby provided, with regard to the de-
pendencies of Germany, that there shall be no obligation to
grant the extradition from those dependencies of natives or
of subjects of the Empire, and that the British authorities
shall be under no obligation to grant the extradition of
British subjects who have been accused or convicted of a
criminal act in those dependencies.

" Article IV.

" There shall be no obligation to grant extradition from the
dependencies of Germany in cases where, before the extra-
dition has taken place, such an application has been received
for the transfer of the person in question to the territory of
the German Empire as must, according to law, be complied
with. The granting of extradition from a dependency of
Germany must always be considered as being on the con-
dition that no such application shall have been received
before the extradition is carried out. In case the transfer to
Germany takes place, it shall, however, be open to the British
Government to apply for the extradition of the person con-
cerned from Germany, in accordance with the terms of the
treaty of the 14th May, 1872.

" Article V.

" Applications for extradition from dependencies of Ger-
many shall be made through the British Ambassador at
Berlin, in accordance with paragraph 1 of Article VIII. of
the treaty of the 14th May, 1872 ; but in the case of persons
who are accused or who have been convicted of criminal
acts in the colonies or foreign possessions of Her Britannic
Majesty, the application for extradition may be made to the
chief authority of the dependency of Germany from which
the extradition of the persons in question is desired by the
chief consular officer of Her Britannic Majesty in the
dependency in question, if there be a consular officer therein,
or, if there be none, then by the Governor or other chief
authority of the colony or foreign possession of Her Britannic
Majesty concerned. It shall, however, be open to the chief
authority of the dependency of Germany to refer to the Ger-
man Government in case of doubt whether the application
for extradition should be complied with.

" Applications for the extradition of criminals to one of
the dependencies of Germany shall be made in the manner
provided in Article VIII., paragraph 1, and Article XV. of the
treaty of the 14th May, 1872 ; in case, however, there should
be no German consular officer in the colony or foreign posses-
sion of Her Britannic Majesty from which the extradition is
desired, the application may be made by the Governor or
other chief authority of the dependency of Germany which
is concerned to the Governor or other chief authority of the
colony or possession concerned.

" Article VI.

" The present treaty shall be ratified and the ratifications
shall be exchanged as soon as possible.

" The treaty shall come into operation two months after
the exchange of the ratifications, and shall remain in force
as long as the treaty of the 14th May, 1872, remains in force—
that is, it shall terminate with the termination of that treaty.

" In witness whereof the respective plenipotentiaries have
signed the same, and have affixed thereto the seal of their
arms.

" Done at London, the fifth day of May, in the year of our
Lord one thousand eight hundred and ninety-four.

(L.S.) " KIMBERLEY.
(L.S.) " P. HATZFELDT."

And whereas the ratifications of the said treaty were
exchanged at London on the third day of December, one
thousand eight hundred and ninety-four :

Now, therefore, Her Majesty, by and with the advice of Her
Privy Council, and in virtue of the authority committed to
her by the said recited Acts, doth order, and it is hereby
ordered, that from and after the third day of February, one
thousand eight hundred and ninety-five, the said Acts shall
apply in the case of the said treaty with His Majesty the
German Emperor, King of Prussia, and of the dependencies
of Germany referred to therein.

Provided always, and it is hereby further ordered, that the
operation of the said Extradition Acts, 1870 and 1873, shall