3
ARTICLE 4
8.
No substantive change; 'this penalty' replaced by 'a sentence of death'.
ARTICLES 5 AND 6
9.
At the request of Canada, Articles 5(1) and (3), 6 and 15 of the Model Agreement were reorganised into two articles dealing with mandatory and discretionary refusal to surrender. The grounds for mandatory and discretionary refusal are substantively the same as in the Model Agreement apart from Article 6(3) where refusal to surrender may be based on acquittal or conviction of that person in a third jurisdiction for the same offence.
10.
In Article 6(1) there is a duty to consider prosecution action if surrender is refused.
ARTICLE 7
The
11.
This Article comes from Article 5(2) of the Model. decision to postpone surrender is discretionary to cater for the situation where offence in the requested Party was relatively trivial compared with the offence for which surrender was sought. In those circumstances the view could be taken that it was more appropriate to surrender than continue with the existing proceedings.
ARTICLE 8
12.
Canada held no strong views on either the channel of communication or the documentation required. Only some minor refinements were made.
13.
At Article 8(3) the last sentence was added at the request of Canada to specify the kind of evidence that would justify committal for trial of the accused person.
14.
Article 8(4) is a further refinement of Article 8(4) of the Hong Kong - Netherlands Agreement.
15.
Article 8(5) is substantively the same as Article 11 of the Hong Kong - Netherlands Agreement.
16.
Article 8(6) equates to the final sentence of Article 10(2) in the Model Agreement.
ARTICLE 9
17.
This Article was inserted at the request of Canada to reflect the fact that Canada has two official languages. It is a modification of the first sentence of Article 10(2) of the Model Agreement.