TNAG-0407-FCO40-453-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 24

Scope

MEME RELATING TO THE RENDITION OF FUGITIVE

OFFENDERS WITHIN THE COMMONWEALTH

1.-(1) The general provisions set out in this Scheme will govern the return of a person from one part of the Commonwealth, in which he is found, to another part thereof, in which he is accused of an offence; and in particular his return will only be precluded by law, or be subject to refusal by the competent executive authority, in the circumstances mentioned in this Scheme.

(2) For the purposes of this Scheme a person liable to return as men- tioned in paragraph (1) is described as a fugitive offender and each of the following areas is described as constituting a separate part of the Common- wealth, that is to say--

(a) each sovereign and independent country within the Commonwealth together with any dependent territories (which expression, for the purposes aforesaid, includes protectorates and protected states) which that country designates, and

(b) each country within the Commonwealth, which, though not sove- reign and independent, is not a territory designated for the purposes of the preceding sub-paragraph.

Returnable offences

2.-(1) A fugitive will only be returned for a returnable offence.

(2) For the purposes of this Scheme a returnable offence is an offence described in Annex 1 (whatever the name of the offence under the law of the countries and territories concerned, and whether or not it is described in that law by reference to some special intent or any special circumstances of aggravation), being an offence which is punishable by a competent court in the country or territory to which return is requested by imprisonment for twelve months or a greater penalty.

Warrants, other than provisional warrants

3.-(1) A fugitive offender will only be returned if a warrant for his arrest has been issued in that part of the Commonwealth to which his return is requested and either-

(a) that warrant is endorsed by a competent judicial authority in the part in which he is found (in which case, the endorsed warrant will

be sufficient authority for his arrest), or

(b) a further warrant for his arrest is issued by the competent judicial authority in the part in which he is found, not being a provisional warrant issued as mentioned in clause 4.

(2) The endorsement or issue of a warrant as mentioned in this clause may be made conditional on the competent executive authority having previously issued an order to proceed.

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