TNAG-2336-FCO40-3400-Extradition-agreements-between-Hong-Kong-and-other-countries-1991 — Page 59

GF 323

CONFIDENTIAL ##

機密

ARTICLE 5

(1)

The requested Party may refuse to surrender a

fugitive offender for an offence which is regarded by its

law as having been committed within the jurisdiction of its

courts

(2)

If the person sought is being proceeded against or

under punishment in the jurisdiction of the requested Party

for any other offence, his surrender shall be deferred

until the conclusion of the proceedings and the execution

of any punishment awarded to him.

(3)

A fugitive offender shall not be surrendered if he

has been acquitted or pardoned or if his prosecution is

barred or his conviction set aside for any reason provided

for under the law of the requesting Party or the requested

Party.

ARTICLE 6

A fugitive offender shall not be surrendered if

the requested Party has substantial grounds for believing :

CONFIDENTIAL ##