:
These provisions shall not prejudice the rights of the requested Party or of any person
other than the person sought. When such rights exist, the articles shall on request be
returned to the requested Party without charge as soon as possible after the end of the
proceedings.
(4) The property mentioned in paragraph (1) of this Article shall, if the requesting Party so
requests, be surrendered even though the person cannot be surrendered owing to death,
disappearance or escape.
ARTICLE 17
RULE OF SPECIALTY
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(1) A person who has been surrendered shall not be proceeded against, sentenced or
detained with a view to the carrying out of any sentence for any offence committed prior
to surrender other than:
(a) the offence in respect of which return is ordered;
(b) any lesser offence, however described, disclosed by the facts in respect of which
return was ordered, provided such an offence is an offence for which the person
sought can be returned under this Agreement;
(c) any other offence being an offence for which surrender may be granted under this
Agreement in respect of which the requested Party consents to the person being
dealt with;
unless that person has first had an opportunity to leave the Republic of the Philippines or
Hong Kong, as the case may be, and has not done so within forty-five days of having been
15
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