278
THE NEW ZEALAND GAZETTE.
[No. 14

NO-LICENSE DISTRICTS.

Extradition Treaty with Switzerland.

Police Department,
Wellington, 5th February, 1936.

THE following copy of an Order in Council in respect of an amendment to the Extradition Treaty with Switzerland is published for general information.

P. FRASER,
Minister in Charge of Police Department.

SWITZERLAND (EXTRADITION: COMMONWEALTH OF AUSTRALIA AND NEW ZEALAND) ORDER IN COUNCIL, 1935.

At the Court at Buckingham Palace, the 20th day of December, 1935.

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. 5, 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 a treaty was signed on the 26th day of November, 1880, between Her late Majesty Queen Victoria and the Swiss Federal Council for the mutual extradition of fugitive criminals, which treaty was amended by a Convention signed on the 29th day of June, 1904:

And whereas the said treaty and Convention were duly ratified.

And whereas under the provisions of Article 3 of the Supplementary Convention signed on the 19th day of December, 1934, between His Majesty and the Swiss Federal Council for the mutual extradition of fugitive criminals, the terms whereof were recited in the Switzerland (Extradition) Order in Council, 1935, and are as follows:—

His Majesty the King of Great Britain, Ireland, and the British Dominions beyond the Seas, Emperor of India, and the Swiss Federal Council, desiring to make further provision for the reciprocal extradition of fugitive criminals, have resolved to conclude a Supplementary Convention to this end, and for this purpose 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—

Sir Howard Kennard, His Majesty’s Envoy Extraordinary and Minister Plenipotentiary in Switzerland;

The Swiss Federal Council—

M. Giuseppe Motta, Federal Counsellor, Chief of the Federal Political Department;

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

Article 1.

From the date of the coming into force of the present convention, Article 2 of the Extradition Treaty signed at Berne on the 26th November, 1880, shall be amended by the addition of the following clause:—

“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 of the High Contracting Parties for the time being in force, the grant may be made.

Article 2.

The foregoing amendment shall apply to extradition proceedings between Switzerland on the one hand, and, on the other hand, the following territories of His Majesty, that is to say, the United Kingdom of Great Britain and Northern Ireland, the Channel Islands, the Isle of Man, Newfoundland, British Colonies, British Protectorates to which the Extradition Treaty of the 26th November, 1880, applies, and mandated territories to which the said treaty has been or may be extended, and in respect of which the mandate is exercised by His Majesty’s Government in the United Kingdom of Great Britain and Northern Ireland.

Article 3.

The High Contracting Parties agree that His Majesty the King may accede to the present Convention in respect of any other member of the British Commonwealth of Nations whose Government may desire that such accession be effected, by a notice given to that effect by the appropriate diplomatic representative of His Majesty at Berne. From the date that such notice comes into effect the amendment set forth in Article 1 shall apply to extradition proceedings between Switzerland on the one hand and the territory of the member of the Commonwealth concerned on the other hand.

Any notice given under the first paragraph of this Article in respect of any member of the British Commonwealth of Nations may include any territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Majesty and is exercised by the Government of the member concerned.

Article 4.

The present Convention shall be ratified. The ratifications shall be exchanged in London as soon as possible.

Article 5.

The present Convention shall enter into force three months after the exchange of ratifications, and shall have the same duration as the Extradition Treaty of the 26th November, 1880.

In faith whereof the above-named plenipotentiaries have signed the present Convention and have affixed thereto their seals.

Done in duplicate in English and French at Berne, the nineteenth day of December, nineteen hundred and thirty-four.

[L.S.] H. W. KENNARD.
[L.S.] MOTTA.

His Majesty has acceded to the said Convention in respect of the following Dominions—to wit, the Commonwealth of Australia (including Papua and Norfolk Island) and New Zealand:

And whereas His Majesty has been advised by His Ministers in the aforesaid Dominions to take the necessary steps to cause the said-recited Acts to be applied in the case of Switzerland in respect of the aforementioned Dominions in accordance with the said Supplementary Convention:

Now, therefore, His Majesty, by and with the advice of His Privy Council, and, in virtue of the authority committed to Him by the said-recited Acts, doth order, and it is hereby ordered, that from and after the 3rd day of January, 1936, the said Acts shall apply in respect of the aforementioned dominions in the case of Switzerland under and in accordance with the treaty of the 26th November, 1880, as modified by the Conventions of the 29th June, 1904, and the 19th December, 1934.

This Order may be cited as the Switzerland (Extradition: Commonwealth of Australia and New Zealand) Order in Council, 1935.

M. P. A. HANKEY.