Section 2: Interpretation

2. Interpretation (1) In this Act— “Commonwealth country” means a country specified in the First Schedule to the Mauritius Citizenship Act; “extradition crime” means an offence against the law of, or of part of, a foreign State, the act constituting which would, if it took place in or within the jurisdiction of Mauritius, constitute an offence against the law in force in Mauritius and— (a) (i) in the case of a non-Commonwealth country, amounts to one of the offences specified in the extradition treaty with that country; E19 – 1 [Issue 1] Extradition Act (ii) in the case of a Commonwealth country, the maximum penalty for which is death or imprisonment for not less than 12 months; and (b) (i) is described in the First Schedule; or (ii) would be so described if the description concerned contained a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence; “extradition treaty” means, in relation to a foreign State, a treaty or agreement between Mauritius and the foreign State relating to the surrender of offenders and includes any treaty or agreement made before 12 March 1968, which extends to, and is binding on Mauritius; “foreign State” means a state with which Mauritius has entered into an extradition treaty, and includes a Commonwealth country; “foreign warrant” means a judicial or other document issued under the law of, or of a part of, a foreign State and authorising the arrest of a person accused or convicted of an extradition crime; “Minister” means the Minister to whom responsibility for the subject of external affairs is assigned; “offender” means a person accused or convicted of an extradition crime committed within the jurisdiction of a foreign State or a part of that State. (2) For the purposes of this Act, a person shall be deemed not to have been convicted of an offence against the law of, or of a part of, a foreign State where the conviction is, under that law, a conviction for contumacy, but a person so convicted for contumacy shall be deemed to be accused of an offence against that law. (3) For the purposes of this Act, an offence against the law of a foreign State may be regarded as being an offence of a political character notwithstanding that there do not exist competing political parties in that state. (4) For the purposes of this Act— (a) a colony, territory or protectorate of a foreign State; (b) a territory for the international relations of which a foreign State is responsible; and (c) a ship or aircraft of, or registered in, a foreign State, shall, unless the contrary intention appears, each be deemed to be within the jurisdiction, and to be part, of that foreign State. [Issue 1] E19 – 2 Revised Laws of Mauritius PART II – EXTRADITION TO FOREIGN STATE