410
THE HONG KONG GOVERNMENT GAZETTE, JUNE 9, 1933.
Extradition may also be granted at the discretion of the High Contracting Party applied to in respect of any other crime or offence for which, according to the laws of both the High Contracting Parties for the time being in force, the grant can be inade.
ARTICLE 4.
Each High Contracting Party reserves the right to refuse or grant the surrender of its own subjects to the other High Contracting Party.
ARTICLE 5.
The extradition shall not take place if the person claimed has already been tried and discharged or punished, or is still under trial in the territories of the High Contracting Party applied to, for the crime or offence for which his extradition is demanded.
If the person claimed should be under examination or under punishment in the territories of the High Contracting Party applied to for any other crime or offence, his extradition shall be deferred until the conclusion of the trial and the full execution of any punishment awarded to him.
ARTICLE 6.
The extradition shall not take place if, subsequently to the commission of the crime or offence or the institution of the penal prosecution or the conviction thereon, exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of the High Contracting Party applying or applied to.
ARTICLE 7.
A fugitive criminal shall not be surrendered if the crime or offence in respect of which his surrender is demanded is one of a political character, or if he proves that the requisition for his surrender has, in fact, been made with a view to try or punish him for a crime or offence of a political character.
ARTICLE 8.
A person surrendered can in no case be kept in custody or be brought to trial in the territories of the High Contracting Party to whom the surrender has been made for any other crime or offence, or on account of any other matters, than those for which the extradition shall have taken place, until he has been restored, or has had an opportunity of returning, to the territories of the High Contracting Party by whom he has been surrendered.
This stipulation does not apply to crimes or offences committed after the extradition.
ARTICLE 9.
Subject to the provisions of Articles 18 and 19, the requisition for extradition shall be made through the diplomatic agents of the High Contracting Parties respectively.