APRIL 25.] THE NEW ZEALAND GAZETTE 1419

(New Zealand.—No. 68.)

Colonial Office,
Downing Street, 1st March, 1912.

My Lord,—I have the honour to transmit to you, for the information of your Ministers, the accompanying copy of an Order of His Majesty in Council giving effect to the Treaty of 11th/24th of September, 1910, between His Majesty and the King of the Hellenes for the mutual extradition of fugitive criminals.

I have, &c.,

L. HARCOURT.

Governor the Right Honourable Lord Islington,
K.C.M.G., D.S.O., &c.

ORDER IN COUNCIL APPLYING THE EXTRADITION ACTS TO GREECE, 13TH FEBRUARY, 1912.

At the Court at Buckingham Palace, the 13th day of February, 1912.

Present:

THE KING’S MOST EXCELLENT MAJESTY.

Lord Chancellor. Lord Lucas and Dingwall.
Lord President. Sir F. J. S. Hopwood.
Master of the Horse. Mr. G. Lambert.
Earl Beauchamp. Mr. C. P. Allen.
Earl of Durham. Mr. T. R. Ferens.

WHEREAS by the Extradition Acts, 1870 to 1906, 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, His Majesty may, by Order in Council, direct that the said Acts shall apply in the case of such foreign State; and that His 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 His 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 11th/24th day of September, 1910, between His Majesty and His Majesty the King of the Hellenes for the mutual extradition of fugitive criminals, which treaty is in the terms following:—

His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and His Majesty the King of the Hellenes, having determined, by common consent, to conclude a Treaty for the extradition of criminals, have accordingly named as their Plenipotentiaries:

His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, Sir Francis Edmund Hugh Elliot, a Knight Grand Cross of the Royal Victorian Order, Knight Commander of the Most Distinguished Order of St. Michael and St. George, Grand Cross of the Royal Hellenic Order of the Redeemer, His Majesty’s Envoy Extraordinary and Minister Plenipotentiary at Athens;

And His Majesty the King of the Hellenes, His Excellency M. Demetrius Kalergi, Officer of the Royal Hellenic Order of the Redeemer, His Majesty’s Minister for Foreign Affairs;

Who, after having exhibited to each other their respective full powers and found them in good and due form, have agreed upon the following Articles:—

Article 1.

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 2, committed in the territory of the one Party, shall be found within the territory of the other Party.

Article 2.

Extradition shall be granted for the following crimes or offences when provided for by the laws of the requisitioning State and of the State applied to:—

1. Murder (including parricide, infanticide, poisoning), or attempt or conspiracy to murder, manslaughter.
2. Kidnapping and false imprisonment.
3. Abandoning or exposing children below the age of 7 years.
4. Abortion.
5. Abduction of persons under age.
6. Bigamy.
7. Malicious wounding or inflicting grievous bodily harm with premeditation, when such acts cause death (without the intention of killing) or disease or incapacity for personal labour lasting for more than three months, or serious mutilation, or the loss or disablement of a member or organ, or other permanent infirmity.
8. Threats by letter or otherwise with intent to extort.
9. Perjury.
10. Arson.
11. Burglary, housebreaking, larceny, embezzlement, fraudulent misappropriation of property, obtaining property by false pretences.
12. Fraud and embezzlement by public officials; bribery of public officials.
13. Receiving any chattel, money, valuable security, or other property, knowing the same to have been embezzled, stolen, or feloniously obtained.
14. Counterfeiting or altering money, or knowingly bringing into circulation counterfeited or altered money.
15. Knowingly making without lawful authority any instrument, tool, or engine adapted and intended for the counterfeiting of the coin of the realm.
16. Forgery by writing, or uttering what is forged.
17. Fraudulent bankruptcy.
18. Malicious injury to any house or building calculated to cause danger to life or property.
19. Rape.

Participation in the aforesaid crimes is also included, provided that such participation is punishable by the laws of the demanding State and of the State applied to.

Article 3.

No Greek subject shall be surrendered by the Government of His Majesty the King of the Hellenes to the Government of His Britannic Majesty, and no British subject shall be surrendered by his Government to the Government of His Majesty the King of the Hellenes.

Article 4.

Extradition shall not take place if the person claimed on the part of His Britannic Majesty’s Government, or of the Government of His Majesty the King of the Hellenes, has already been tried, discharged, or punished, or is waiting trial in the territory of the United Kingdom or in Greece, respectively, for the crime or offence for which his extradition is demanded.

If the person claimed on the part of the Government of His Majesty the King of the Hellenes, or of His Britannic Majesty’s Government, should be awaiting trial or undergoing sentence for any other crime or offence in the territory of Greece or in the United Kingdom, respectively, his extradition shall be deferred until after he has been discharged, whether by acquittal or on expiration of sentence.

Article 5.

Extradition shall not be granted if exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of the State applied to.

Neither shall it be granted in the case of persons convicted by default, or otherwise, unless the sentence inflicted be at least one year’s imprisonment.

Article 6.

The person claimed shall not be surrendered if the crime in respect of which extradition is applied for be deemed by the party to whom application is made to be a political offence, or connected with such an offence, or if the person claimed proves that the application for extradition has in fact been made with a view to try or to punish him for an offence of this character.

Article 7.

A person whose surrender has been granted shall in no case be detained or tried 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.

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

The person who has been claimed, and whose extradition shall have been granted, shall not be tried or punished for any political offence committed prior to his extradition, nor for any matter connected with such an offence, nor for any crimes or offences not provided for in the present Treaty.

Article 8.

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 judicial authority setting forth clearly the nature of the crime or offence with which the person claimed is charged. The said warrant shall also be accompanied by such evidence as, according to the laws