12
THE NEW ZEALAND GAZETTE.
[No. 1

Her Majesty the Queen in Council, dated the 20th October, 1898, for giving effect to the treaty between Her Majesty and the President of the Republic of Bolivia for the mutual extradition of fugitive criminals, signed at Lima on the 22nd February, 1892, the ratifications of which were exchanged at Lima on the 7th March, 1898.

I have, &c.,
J. CHAMBERLAIN.

The Officer administering the Government
of New Zealand.

ORDER IN COUNCIL.—EXTRADITION TREATY.—REPUBLIC OF BOLIVIA.

Balmoral, 20th October, 1898.

At the Court at Balmoral, the 20th day of October, 1898.

Present:

THE QUEEN’S MOST EXCELLENT MAJESTY,
DUKE OF FIFE, EARL OF KINTORE, LORD GEORGE HAMILTON.

WHEREAS by the Extradition Acts, 1870 to 1895, 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 whereas a treaty was concluded on the twenty-second day of February, one thousand eight hundred and ninety-two, between Her Majesty and His Excellency the President of the Republic of Bolivia, 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 Bolivia, 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, her Chargé d’Affaires ad interim Mr. George Jenner; and His Excellency the President of the Republic of Bolivia, Señor Don José Manuel Braun, Envoy Extraordinary and Minister Plenipotentiary in Peru; 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 certain 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. Carnal knowledge or any attempt to have 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. Assaults 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, punish-

able with imprisonment for not less than one year 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) Knowingly making, without lawful authority, any instrument, tool, or engine adapted and intended for the counterfeiting of the coin of the realm. (c) Forgery, or uttering what is forged.
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. Piracy and other crimes or offences committed at sea against persons or things which, according to the laws of the high contracting parties, are extradition offences, and are punishable by more than one year’s imprisonment.
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 reserves the right to refuse or grant the surrender of its own subjects or citizens 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 Bolivia, has already been tried and discharged or punished, or is still under trial, in the territory of the Republic of Bolivia 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 Bolivia should be under examination for any other crime in the territory of the Republic of Bolivia 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 applying or applied to.

It shall likewise not take place when, according to the laws of either country, the maximum punishment for the offence is imprisonment for less than one year.

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.

ARTICLE VII.

A person surrendered can in no case be kept in prison or be brought to trial in the State to which the surrender has been made for any other crime or on account of any other matters, than those for which the extradition shall have taken place until he has been restored, or has had an opportunity of returning, to the State by which he has been surrendered.

This stipulation does not apply to crimes committed after the extradition.

ARTICLE VIII.

The requisition for extradition shall be made through the diplomatic agents of the high contracting parties respectively.

The requisition for the extradition of an accused person must be accompanied by a warrant of arrest issued by the competent authority of the State requiring the extradition, and by such evidence as, according to the laws of the place where the accused is found, would justify his arrest if the crime had been committed there.

If the requisition relates to a person already convicted, it must be accompanied by the sentence of condemnation passed against the convicted person by the competent Court of the State that makes the requisition for extradition.

A sentence passed in contumaciam is not to be deemed a conviction, but a person so sentenced may be dealt with as an accused person.