New Zealand Gazette – 1934 – No. 78

Page 3358

✨ International Treaty Publication

3358
THE NEW ZEALAND GAZETTE.
[No. 78

Extradition Treaty with Iraq.

Police Department,
Wellington, 12th October, 1934.

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

JOHN G. COBBE,
Minister in Charge of Police Department.

———

New Zealand : No. 232.
Downing Street, 27th August, 1934.

MY LORD,—

With reference to my telegram No. 78 of the 23rd August, I have the honour to transmit the accompanying copies of the Iraq (Extradition: Commonwealth of Australia and New Zealand) Order in Council, 1934, dated the 14th August.

This despatch is being sent to the Commonwealth of Australia (No. 243) and New Zealand (No. 232).

I have the honour to be,

My Lord,

Your Excellency’s most obedient humble servant,

J. H. THOMAS.

Governor-General His Excellency the Right Honourable Lord Bledisloe, G.C.M.G., K.B.E., &c.

———

At the Court at Buckingham Palace, the 14th day of August, 1934.

Present:

THE KING’S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by the Extradition Acts, 1870 (33 & 34 Vict., c. 52) to 1932 (22 & 23 Geo. V, c. 39), 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 under the provisions of Article 18 of the Treaty signed on the 2nd day of May, 1932, between His Majesty and His Majesty the King of Iraq for the mutual extradition of fugitive criminals, the terms whereof were recited in the Iraq (Extradition) Order in Council, 1933, and are as follows :—

His Majesty the King of Great Britain, Ireland, and the British Dominions beyond the Seas, Emperor of India ;

And His Majesty the King of Iraq ;

Desiring to make provision for the reciprocal extradition of criminals ;

Have resolved to conclude a Treaty for that purpose, and to that end have appointed as their plenipotentiaries ;

His Majesty the King of Great Britain, Ireland, and the British Dominions beyond the Seas, Emperor of India :

For Great Britain and Northern Ireland,

Lieutenant-Colonel Sir Francis Henry Humphrys, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Knight Grand Cross of the Royal Victorian Order, Knight Commander of the Most Excellent Order of the British Empire, Companion of the Most Eminent Order of the Indian Empire, High Commissioner of His Britannic Majesty in Iraq ;

His Majesty the King of Iraq,

General Ja’far Pasha al Askari, Order of Al Rafidain, Second Class, Companion of the Most Distinguished Order of Saint Michael and Saint George, Minister for Foreign Affairs ;

Who, having communicated their full powers, found in good and due form, have agreed as follows :—

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 3, committed within the jurisdiction of the one party, shall be found within the territory of the other party.

Article 2.

For the purposes of the present Treaty—

(i) The territory of His Britannic Majesty shall be deemed to be Great Britain and Northern Ireland, the Channel Islands, and the Isle of Man, and all parts of His Britannic Majesty’s dominions overseas other than those enumerated in Article 18, together with the territories enumerated in Article 20, and any territories to which it may be extended under Article 21. It is understood that in respect of all territory of His Britannic Majesty as above defined other than Great Britain and Northern Ireland, the Channel Islands, and the Isle of Man, the present Treaty shall be applied so far as the laws permit.

(ii) The nationals or Natives of any British Protectorate or British-protected State or of any territory in respect of which a mandate on behalf of the League of Nations is held by His Britannic Majesty shall be deemed to be British subjects.

Article 3.

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

Murder (including assassination, parricide, infanticide, poisoning), or attempt or conspiracy to murder.
Manslaughter.
Administering drugs or using instruments with intent to procure the miscarriage of women.
Rape.
Unlawful carnal knowledge, or any attempt to have unlawful carnal knowledge, of a girl under sixteen years of age.
Indecent assault.
Kidnapping or false imprisonment.
Child stealing, including abandoning, exposing, or unlawfully detaining.
Abduction.
Procuration.
Multiplication of spouses contrary to law.
Maliciously wounding or inflicting grievous bodily harm.
Assault occasioning actual bodily harm.
Threats, by letter or otherwise, with intent to extort money or other things of value.
Perjury, or subornation of perjury.
Arson.
Burglary or housebreaking, robbery with violence, larceny, or embezzlement.
Fraud by a bailee, banker, agent, factor, trustee, director, member, or public officer of any company, or fraudulent conversion.
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.
(a) Counterfeiting or altering money, or bringing into circulation counterfeited or altered money.

(b) Knowingly and without lawful authority making or having in possession any instrument, tool, or engine adapted and intended for the counterfeiting of coin.

Forgery, or uttering what is forged.
Crimes against Bankruptcy Law.
Any malicious act done with intent to endanger the safety of any persons travelling or being upon a railway.
Malicious injury to property, if such offence be indictable.
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.
Dealing in slaves in such manner as to constitute a crime or offence against the laws of both High Contracting Parties.

Extradition is also to be granted for participation in any of the aforesaid crimes or offences: Provided that such participation be punishable by the laws of both High Contracting Parties.

Extradition may also be granted at the discretion of the High Contracting Party applied to in respect of any other crime or offence for which, according to the laws of both the High Contracting Parties for the time being in force, the grant can be made.

Article 4.

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

Article 5.

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 territories of the High Contracting Party applied to, for the crime or offence for which his extradition is demanded.

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NZLII — NZ Gazette 1934, No 78

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✨ LLM interpretation of page content

🌏 Publication of Extradition Treaty with Iraq

Domain🌏 External Affairs & Territories
Dated12 October 1934
KeywordsExtradition, Treaty, Iraq, International Law, Criminals
👱🏽 Names

Francis Henry Humphrys (Lieutenant-Colonel Sir), British Plenipotentiary for Treaty
Ja'far Pasha al Askari (General), Iraqi Plenipotentiary for Treaty

👩‍💼 Officials

John G. Cobbe, Minister in Charge of Police Department
J. H. Thomas, Secretary of State for Dominion Affairs

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