5
may
the conviction was
requested Party
opportunity to
case he shall
have
be
refuse to surrender him if it appears that
obtained in his absence, unless he has the
his case retried in his presence. in which
considered
S an accused person under this
Agreement.
ARTICLE 3
'The
Government of the Kingdom of the Vetherlands
reserves the right to refuse the surrender of its nationals.
The Government of Hong Kong reserves the right to refuse
surrender of nationals Of the State whose Government responsible for its foreign affairs.
the
is
ARTICLE 4
offender
IE
H
u.¡
is
the
offence for which surrender of a fugitive
requested under this Agreement is punishable according to the lar of the requesting Party with the death penalty, and if in respect of such an offence the death penalty is ποτ provided for by the law of the requested Party or is not
normally carried out. surrender May
refused unless the
requesting Party gives such assurances as the requested Party
considers sufficient
this penalty will not be imposed or,
that
if imposed, will not be carried out.
be
ARTICLE 5
i
(1)
The requested Party may refuse to surrender a fugitive offender for an offence which is regarded by its law as having been committed within the jurisdiction of its courts.
(2)
A fugitive offender shall not be surrendered if he is