TNAG-1921-FCO40-2726-Mutual-legal-assistance-between-the-UK-and-Hong-Kong-1989 — Page 89

ARTICLE 11

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TRANSFER OF PERSONS IN CUSTODY

1. A person in the custody of the Requested Party whose

presence in the territory of the Requesting Party is needed for purposes of assistance under this Treaty shall be transferred from the Requested Party for that purpose if both the person and the Central Authority of the Requested Party consent to the transfer.

2

3.

A person in the custody of the Requesting Party whose presence in the territory of the Requested Party is needed for purposes of assistance under this Treaty shall be transferred from the Requested Party for that purpose if both the person and the Central Authority of the Requested Party consent to the transfer.

For purposes of this article:

A) The Receiving Party shall have the authority and the obligation to keep the person transferred in custody unless otherwise authorized by the Sending Party.

B)

C)

D)

The Receiving Party shall return the person trans- ferred to the custody of the Sending Party as soon as circumstances permit or as otherwise agreed by both Central Authorities;

The Receiving Party shall not require the Sending Party to initiate extradition proceedings for the return of the person transferred; and

The person transferred shall receive credit for service of the sentence imposed in the territory of the Sending Party for time served in the custody of the Receiving Party.

DRAFT U.S.-HONG KONG MLAT TEXT, NOVEMBER 22, 1988