- 5 -
requested Party
may
the conviction was
opportunity to have
case he shall be
Agreement.
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 as an accused person under this
ARTICLE 3
The Government
of the Kingdom
of
the Netherlands
reserves the right to refuse the surrender of its nationals. The Government of Hong Kong reserves the right to refuse the
surrender of nationals of the State whose Government responsible for its foreign affairs.
is
ARTICLE 4
If the offence for which surrender of a fugitive offender is
requested under this Agreement is punishable according to the law of the requesting Party with the death penalty, and if in respect of such an offence the death penalty is not provided for by the law of the requested Party or is not normally carried out. surrender may be refused unless the
requesting Party
Party gives such assurances as the requested Party considers sufficient that this penalty will not be imposed or, if imposed, will not be carried out.
ARTICLE 5
(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