TNAG-1709-FCO40-2384-Hong-Kong-narcotics-offences-and-drug-trafficking-1988 — Page 154

C/CN.7/1987/2 page 10

Article 4 *

EXTRADITION

1. This article shall apply to the offences enumerated in paragraph 1 of article 2 of this Convention.

2.

Each of the offences to which this article applies shall be deemed to be included as an extraditable offence in any extradition treaty existing between Parties. Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.

3.

If a Party which makes extradition conditional on the existence of a treaty receives a redest for extradition from another Party with which it has no extradition treaty, it may consider this Convention as the legal basis for extradition in respect of any offence to which this article applies.

Parties which do not make extradition conditional on the existence of a treaty shall recognize offences to which this article applies as extraditable offences between themselves, subject to the conditions provided for by the law of the requested Party.

5: A request for extradition with respect to any of the offences to which this article applies shall not be refused:

(a) On the ground that the person sought is a national of the requested Party, unless such refusal is required by the constitution of the requested Party;

(b) On the ground that the offence was committed outside the territory of the requesting Party if the offence was intended to have or had effects within the teritory of the requesting Party;

(c) On the ground that the offence was poliical in character or was politically motivated.

6. If extradition is refused, the requested Party shall have jurisdiction over the offence and shall without undue delay try the person whose extradition was refused in the same manner as in the case of an offence committed in its territory.

}. The Party a whose territory the offender is found shall also have jurisdiction over the offences committed outside its territory, if the Party in whose territory the offence was committed does not request extradition, provided that the offence is, in principle, extraditable and that the latter Party has full knowledge of the whereabouts of the offender, or if extradition was, without effect, offered to that Party.

* Refers to element (c)

A