TNAG-1710-FCO40-2386-Royal-visits-from-the-UK-to-Hong-Kong-1987 — Page 62

E/CN.7/1988/2 (Part II) Page 48

3.

The Parties shall ensure that their courts can take into account factual circumstances which may make the commission of the offences set forth in paragraph 1 particularly serious, such as:

4.

(a) the involvement in the offence of an organized criminal group to which the offender belongs;

(b) the involvement of the offender in other international organized criminal activities;

(c)

the involvement of the offender in other illegal activities facilitated by commission of the offence;

(d) the use of firearms or violence;

(e) the fact that the offender holds a public office and that the offence is connected with the office in question;

(£) the victimization or use of minors;

(g) prior conviction, whether foreign or domestic, to the extent permitted under the domestic law of a Party.

The Parties shall bear in mind the serious nature of the offences enumerated in paragraph 1 of this article when considering the eventuality of early release or parole of persons convicted of such offences.

5. The Parties shall endeavour to establish, where appropriate, adequate provisions governing the statute of limitations applicable to the offences enumerated in paragraph 1 of this article.

6. Each Party shall take appropriate measures, consistent with its legal system, to ensure that a person charged with or convicted of an offence specified in paragraph 1 of this article, who is found within its territory, is present at the necessary criminal proceedings.

7. Nothing contained in this article shall affect the principle that the description of the offences to which it refers is reserved to the domestic law of a Party and that such offences shall be prosecuted and punished in conformity with that law.

1.

Article 2 bis

JURISDICTION

Each Party

(a)

shall take such measures as may be necessary to establish its jurisdiction over the offences it has established in accordance with article 2, paragraph 1, when:

(i) the offence is committed in its territory;