1302
THE NEW ZEALAND GAZETTE.
[No. 58

Despatch.—Extradition Treaty with the Republic of San Marino.

Department of Justice,
Wellington, 3rd July, 1900.

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

JAMES McGOWAN.

(Circular.)
Downing Street, 2nd May, 1900.

Sir,—With reference to my circular despatch of the 26th March, enclosing copies of an Order of Her Majesty in Council, dated the 3rd of March, 1900, for giving effect to the treaty between Her Majesty and the Republic of San Marino for the mutual extradition of fugitive criminals, signed at Florence on the 16th of October, 1899, I have the honour to transmit to you corrected copies of the Order, which I have to request may be substituted for those previously sent, as they contained some misprints in the Italian text of the treaty.

I have, &c.,
J. CHAMBERLAIN.

The Officer administering the Government
of New Zealand.

ORDER IN COUNCIL.—EXTRADITION TREATY.—SAN MARINO.
Windsor, 3rd March, 1900.

[In substitution for the Order in Council that appeared in the London Gazette of 9th March, 1900.]

At the Court at Windsor, the 3rd day of March, 1900.

Present:

THE QUEEN’S MOST EXCELLENT MAJESTY.

LORD CHANCELLOR, LORD PRESIDENT, LORD JAMES OF HEREFORD.

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 sixteenth day of October, one thousand eight hundred and ninety-nine, between Her Majesty and the Captains Regent of the Most Serene Republic of San Marino 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 the Most Serene Republic of San Marino, having judged it expedient, with a view to the better administration of justice and to the prevention of crime within their respective territories, that persons charged with or convicted of the crimes hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, the said high contracting parties have named as their plenipotentiaries to conclude a treaty for this purpose, that is to say:—

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, His Excellency Philip Henry Wodehouse, Baron Currie of Hawley, a Member of Her Most Honourable Privy Council, Knight Grand Cross of Her Most Honourable Order of the Bath, Her Ambassador Extraordinary and Plenipotentiary to His Majesty the King of Italy;

And the Most Serene Republic of San Marino, His Excellency Cavaliere Paolo Onorata Vigliani, Patrician of San Marino, Grand Cross and Grand Cordon of the Order of Saint Maurice and Saint Lazarus, and of the Crown of Italy, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, &c., &c.; Minister of State, ex-President of the Court of Cassation, Senator of the Kingdom of Italy:

Who, 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 those persons who, being accused or convicted of a crime or offence committed in the territory of the one party, shall be found within the territory of the other party, under the circumstances and conditions stated in the present treaty.

ARTICLE II.

The crimes or offences for which the extradition is to be granted are the following:—

1. Murder, or attempt or conspiracy to murder, and manslaughter.
2. Assault occasioning actual bodily harm. Malicious wounding or inflicting grievous bodily harm.
3. Counterfeiting or altering money, or uttering counterfeit or altered money.
4. Knowingly making any instrument, tool, or engine adapted and intended for counterfeiting coin.
5. Forgery, counterfeiting or altering, or uttering what is forged, counterfeited, or altered.
6. Embezzlement or larceny.
7. Malicious injury to property, if the offence be indictable.
8. Obtaining money, goods, or valuable securities by false pretences.
9. Receiving money, valuable security, or other property, knowing the same to have been stolen, embezzled, or unlawfully obtained.
10. Crimes against bankruptcy law.
11. Fraud by a bailee, banker, agent factor, trustee, or director or member or public officer of any company.
12. Perjury, or subornation of perjury.
13. Rape.
14. Carnal knowledge, or any attempt to have carnal knowledge, of a girl under sixteen years of age, so far as such acts are punishable by the law of the State upon which the demand is made.
15. Indecent assault. Indecent assault, even with consent, upon children of either sex under thirteen years of age.
16. Administering drugs or using instruments with intent to procure the miscarriage of a woman.
17. Abduction.
18. Child-stealing.
19. Abandoning children, exposing or unlawfully detaining them.
20. Kidnapping and false imprisonment.
21. Burglary or housebreaking.
22. Arson.
23. Robbery with violence.
24. Any malicious act done with intent to endanger the safety of any person in a railway-train.
25. Threats, by letter or otherwise, with intent to extort.
26. Piracy by law of nations.
27. Sinking or destroying a vessel at sea, or attempting or conspiring to do so.
28. Assaults on board a ship on the high seas, with intent to destroy life or to do grievous bodily harm.
29. Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas, against the authority of the master.
30. Dealing in slaves in such a manner as to constitute a criminal offence against the laws of both States.

Extradition is also to be granted for participation in any of the aforesaid crimes, provided such participation be punishable by the laws of both the 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 the British Government, or the person claimed on the part of the Government of San Marino, has already been tried and discharged or punished, or is actually upon his trial, within the territory of the other of the two high contracting parties, for the crime for which his extradition is demanded.

If the person claimed on the part of the British Government, or if the person claimed on the part of the Government of San Marino, should be under examination, or be undergoing sentence under a conviction, for any other crime within the territories of the two high contracting parties respectively, his extradition shall be deferred until after he has been discharged, whether by acquittal, or on expiration of his sentence, or otherwise.

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.