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WHEREAS by section 1 of the
Extradition Act, 1960 (Act 22) it
is provided inter alia that, where
an arrangement has been made with
any country with respect to the
surrender to that country of any
fugitive criminal the President
may by legislative instrument
order that the said Act shall
apply in the case of that country,
subject to such conditions,
exceptions and qualifications as
may be specified in the order;
AND WHEREAS arrangement has been
made between the Government of
Ghana and the Government of the
Republic of Malta with respect to
the surrender to the Republic of
Malta of fugitive criminals under
the Hague Convention for the
Suppression of lawful Seizure of
Aircraft (Hijacking) of 16th
December 1970;
NOW THEREFORE in exercise of the
powers conferred on the President
by section 1 of the Extradition
Act, 1960 (Act 22) as amended by
the Extradition Act, 1960
(Amendment) Decree, 1966 (N.L.C.D.
65) this Order is made this 30th
day of March, 1993.
Order 1—Application of Extradition
Act, 1960 to Malta.
The Extradition Act, 1960 (Act 22)
shall apply in the case of the
Republic of Malta in accordance
with and subject to such
condition, exceptions and
qualifications as are specified in
the terms of the said arrangement
made between the Government of
Ghana and the Government of the
Republic of Malta as set out in
the Schedule to this Order.
SCHEDULE
The Government of the Republic of
Malta and the Government of Ghana
agree to surrender to each other
subject to provisions and
conditions laid down in the
extradition laws of both States
and the said Convention, persons
for prosecution or for the
carrying out of a sentence,
provided that—
1. the offence is not one of a
political character;
2. the person claimed is not a
national of the requested State;
3. the person claimed has not yet
been tried and acquitted or found
guilty or is not under trial in
the territory of the requested
State for the offence for which
his extradition is requested;
4. the person claimed shall not be
proceeded against, sentenced or
detained with a view to the
carrying out of a sentence or
detention order, or otherwise
restricted in his personal freedom
for any offence committed prior to
his surrender other than that for
which his surrender is requested
except in the following cases—
(a) with the consent of the
Government of Ghana; or
(b) where that person having had
an opportunity to leave the
territory of that country, has not
done so within thirty days of his
final discharge in respect of the
offence for which he was
surrendered or has returned to the
territory of that country after
leaving it.
5. Where the description of the
offence charged in the country
requesting the surrender of the
fugitive criminal is altered in
the course of proceedings, he
shall only be proceeded against or
sentenced in so far as the offence
under its new description is shown
by its constituent elements to be
an offence which would allow his
being surrendered to that country
by Ghana under the laws of Ghana.
JERRY JOHN RAWLINGS
President of the Republic of Ghana
Date of Gazette Notification: 21st
May, 1993.
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