Section 26 Authentication of foreign documents.
United Kingdom
In extradition proceedings in relation to a person whose return has been requested by a foreign state foreign documents may be authenticated by the oath of a witness, but shall in any case be deemed duly authenticated—
if they purport to be signed by a judge, magistrate or officer of the foreign state where they were issued; and
if they purport to be certified by being sealed with the official seal of the Minister of Justice, or some other Minister of State, of the foreign state.
In extradition proceedings in relation to a person whose return has been requested by or on behalf of the Government of the Hong Kong Special Administrative Region documents from that Region may be authenticated by the oath of a witness, but shall in any case be deemed duly authenticated—
if they purport to be signed by a judge, magistrate or officer of the Hong Kong Special Administrative Region; and
if they purport to be certified by being sealed—
with an official or public seal of the Hong Kong Special Administrative Region, or
by an officer of that Region.
Judicial notice shall be taken of such certification as is mentioned in subsection (1)(b) F2or (1A)(b) above, and documents authenticated by such certification shall be received in evidence without further proof.
Annotations
Textual amendments
- F1
S. 26(1A) inserted (1.7.1997) by S.I. 1997/1178, art. 2, Sch. para. 13(a).
- F2
Words in s. 26(2) inserted (1.7.1997) by S.I. 1997/1178, art. 2, Sch. para. 13(b).
Notes on the whole Act
Textual amendments
- F1
Act repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 218(b), 220, 221, Sch. 4; S.I. 2003/3103, art. 2 (with savings in arts. 3-5 (as amended by S.I. 2003/3258 and S.I. 2003/3312)); Act amended (as so saved) by Courts Act 2003 (c. 39), Sch. 8 paras. 324-330; S.I. 2004/2066, art. 2(c)(xiv) (with art. 3); S.I. 2005/910, art. 3(y); Act further amended by Constitutional Reform Act 2005 (c. 4), Sch. 9 para. 52, Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)