ANNEX 2
SUPPLEMENTARY PROVISIONS
Discretion as respects return for offences punishable by death
1. The return of a fugitive offender may be refused by the competent executive authority where it appears to that authority that, by reason that- (a) if he was returned he would be likely to suffer the death penalty
for the offence for which his return is requested, and
(b) in the country or territory in which he is found or in any part
thereof that offence is not punishable by death,
it would, having regard to all the circumstances of the case and to any likelihood that if not returned he would be immune from punishment, be unjust or oppressive or too severe a punishment to return him.
Discretion as respects return of citizens etc.
2. (1) The return of a fugitive offender who is a national or permanent resident of the part of the Commonwealth in which he is found-
(a) may be precluded by law, or
(b) may be refused by the competent executive authority:
Provided that return will not be so refused if the fugitive is also a national of that part of the Commonwealth to which his return is requested.
(2) For the purposes of this paragraph a fugitive shall be treated as a national of a part of the Commonwealth if that part consists of, or includes-
(a) a Commonwealth country of which he is a citizen, or
(b) a country or territory his connection with which determines his
national status,
in either case at the date of the request.
Printed in England and published by HER MAJESTY'S STATIONERY OFFICE
(30933) Dd. 113089 K28 5/66 St.S.