Extradition Treaty with Estonia.

Police Department,
Wellington, 21st August, 1926.

THE following despatch and enclosure received from His
Majesty's Secretary of State for Dominion Affairs are
published for general information.

F. J. ROLLESTON, Minister of Justice.

DESPATCH.

New Zealand.
Dominions No. 317. Downing Street, 9th July, 1926.

SIR—With reference to my despatch Dominions No. 244 of
the 2nd of June, 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 2nd of July containing
the Estonia (Extradition) Order in Council, 1926, dated the
28th of June.

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 28th day of June,
1926.

Present:
The King’s Most Excellent Majesty.
Lord President.
Lord Steward.
Secretary Sir W. Joynson-Hicks.
Colonel G. Lane-Fox.

WHEREAS by the Extradition Acts, 1870, 33 and 34 Vict., c.
52 to 1906, 6 Edw. VII, c. 15, 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 sub-
sequent 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 con-
ditions, exceptions, and qualifications, as may be deemed
expedient:

And whereas a Convention was concluded on the 18th day
of November, 1925, between His Majesty and the Estonian
Republic for the mutual extradition of fugitive criminals,
which Convention 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 Estonian Republic, having
determined, by common consent, to conclude a convention
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 Joseph Austen Chamberlain, M.P.,
His Majesty’s Principal Secretary of State for Foreign
Affairs; and

The Estonian Republic:-

Dr. Oskar Kallas, Envoy Extraordinary and Minister
Plenipotentiary of the Estonian Republic at London;
Who, after having exhibited to each other their respective
full powers, found 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 convention, 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, provided that they are punishable under
the law of both States by imprisonment with or without hard
labour or some greater punishment:-

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 fourteen years of age.

6. Indecent assault.

7. Kidnapping and false imprisonment.

8. Child-stealing, including abandoning, exposing, or un-
   lawfully detaining.

9. Abduction.

10. Procuration.

11. Bigamy.

12. Maliciously wounding or inflicting grievous bodily harm.

13. Assault occasioning actual bodily harm.

14. Threats, by letter or otherwise, with intent to extort
    money or other things of value.

15. Perjury, or subornation of perjury.

16. Arson.

17. Burglary or house-breaking, robbery with violence,
    larceny, or embezzlement.

18. Fraud by a bailee, banker, agent, factor, trustee, director,
    member, or public officer of any company or fraudulent con-
    version.

19. 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.

20. (a.) Counterfeiting or altering money, or bringing into
    circulation counterfeited or altered money.
    (b.) Knowingly making without lawful authority any in-
    strument, tool, or engine adapted and intended for the counter-
    feiting of the coin of the realm.

21. Forgery, or uttering what is forged.

22. Crimes against bankruptcy law.

23. Any malicious act done with intent to endanger the
    safety of any persons travelling or being upon a railway.

24. Malicious injury to property, if such offence be indict-
    able.

25. 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.

26. 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 participa-
tion be punishable by the laws of both High 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 law of both the High Contracting
Parties for the time being in force, the grant can be made.

ARTICLE 3.

Each Party reserves the right to refuse or grant the surrender
of its own subjects or citizens to the other Party.

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 con-
clusion 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 com-
mitted after the extradition.