4)
For the purposes of paragraph (1) of this Article, an offence shall be an offence
according to the laws of both Parties if the conduct constituting the offence was an offence
against the law of the requesting Party at the time it was committed and an offence against
the law of the requested Party at the time the request for surrender is received.
ARTICLE 3
Surrender of Nationals
[(1)
The Government of the United Kingdom reserves the right to refuse the
surrender of its nationals [ except those with permanent right of abode in Hong Kong]. The
Government of the Hong Kong Special Administrative Region reserves the right to refuse the
surrender of nationals of the People's Republic of China [ except those with permanent right
of abode in the United Kingdom]].
(2)
If the requested Party refuses to surrender its national, it shall, at the request
of the requesting Party, submit the case to its competent authorities in order that consideration
may be given to the institution of proceedings. For this purpose, the files, information and
exhibits relating to the offence shall be transmitted without charge to the requested Party. The
requesting Party shall be informed of the result of its request.
ARTICLE 4
Death penalty
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 gives such assurances as the requested Party considers sufficient that this penalty will not be imposed or, if imposed, will not be carried out.
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