2176
THE NEW ZEALAND GAZETTE.
[No. 54

Extradition Treaty with Finland.

Police Department,
Wellington, 14th July, 1925.

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

C. J. PARR, Minister of Justice.

New Zealand.
Dominions No. 211.

SIR,—
Downing Street, 20th May, 1925.

With reference to my despatch, Dominions No. 569, of the 10th of December, 1924, I have the honour to transmit to Your Excellency, for the information of your Ministers, copies of an extract from the London Gazette of the 12th May, containing the “Finland (Extradition) Order in Council, 1925,” dated the 2nd of May.

I have, &c.,
L. S. AMERY.

Governor-General His Excellency General
Sir C. Fergusson, Bart., LL.D., G.C.M.G.,
K.C.B., D.S.O., M.V.O., &c.

At the Court at Buckingham Palace, the 2nd day of May, 1925.

Present:

THE KING’S MOST EXCELLENT MAJESTY.
Lord President.
Lord Chamberlain.
Chancellor of the Duchy of Lancaster.
Sir George Lloyd.

Whereas by the Extradition Acts, 1870(a) to 1906(b), 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 30th of May, 1924, between His Majesty and the President of the Republic of Finland 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 the President of the Republic of Finland, 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:

The Right Honourable James Ramsay MacDonald, M.P., His Majesty’s Prime Minister and Principal Secretary of State for Foreign Affairs;

and the President of the Republic of Finland:

M. Ossian Donner, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Finland, at London;

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 within the jurisdiction of the one Party, shall be found within the territory of the other Party.

ARTICLE 2.

Extradition shall be reciprocally granted for the following crimes or offences:—

1. Murder (including assassination, parricide, infanticide, poisoning), or attempt 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 fifteen years of age.
6. Kidnapping and false imprisonment.
7. Child-stealing, including abandoning, exposing, or unlawfully detaining.
8. Abduction.
9. Procuration.
10. Bigamy.
11. Maliciously wounding or inflicting grievous bodily harm.
12. Assault occasioning actual bodily harm.
13. Threats, by letter or otherwise, with intent to extort money or other things of value.
14. Perjury, or subornation of perjury.
15. Arson.
16. Burglary or housebreaking, robbery with violence, larceny, or embezzlement.
17. Fraud by a bailee, banker, agent, factor, trustee, director, member, or public officer of any company, or fraudulent conversion, if such crimes or offences, according to the laws of the High Contracting Parties, are extradition crimes or offences.
18. 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 feloniously obtained, if such crimes or offences, according to the laws of the High Contracting Parties, are extradition crimes or offences.
19. Counterfeiting or altering money, or bringing into circulation counterfeited or altered money.
20. Forgery, or uttering what is forged.
21. Crimes against bankruptcy law which, according to the laws of the High Contracting Parties, are extradition crimes.
22. Any malicious act done with intent to endanger the safety of any persons travelling or being upon a railway.
23. Malicious injury to property, if such offence be indictable.
24. 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 crimes or offences.
25. Dealing in slaves in such manner as to constitute a crime or offence against the laws of both States.

The extradition is also to be granted for participation in any of the aforesaid crimes or offences, 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 or offence for which, according to the laws of both the Contracting Parties for the time being in force, the grant can be made.

ARTICLE 3.

In no case nor on any consideration whatever shall the High Contracting Parties be bound to surrender their own subjects, whether by birth or naturalization.

ARTICLE 4.

The extradition shall not take place if the person claimed has already been tried and discharged or punished, or is still under trial in the State applied to, for the crime or offence for which his extradition is demanded.

If the person claimed should be under examination or under punishment in the State applied to for any other crime or offence his extradition shall be deferred until the conclusion of the trial, and the full execution of any punishment awarded to him.

ARTICLE 5.

The extradition shall not take place if, subsequently to the commission of the crime or offence, 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.

ARTICLE 6.

A fugitive criminal shall not be surrendered if the crime or offence in respect of which his surrender is demanded is one of a political character, or if he proves that the requisition for his surrender has, in fact, been made with a view to try or punish him for a crime or offence of a political character.

ARTICLE 7.

A person surrendered can in no case be kept in custody or be brought to trial in the State to which the surrender has been made for any other crime or offence, 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 or offences committed after the extradition.

(a) 33 & 34 Vict., c. 52. (b) 6 Edw. VII, c. 15.