TNAG-2337-FCO40-3401-Extradition-agreement-between-Hong-Kong-and-Canada-1991 — Page 59

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ARTICLE 6

Discretionary Refusal to Surrender

The requested

Party may refuse

to surrender a

courts.

fugitive offender for an offence which is regarded by its law as having been committed within the jurisdiction of its If the requested Party so refuses, the requesting

Party

request may

that the case be submitted to its

competent authorities in order that prosecution may be considered.

(2)

proceedings

for

The surrender of any person sought under the

terms of this Agreement may be refused if it appears to the

requested Party that :

(a) by reason of the trivial nature of the offence of

which the person is accused or was convicted; or

(b) by reason of the passage of time since the person

is alleged to have committed it or has become

unlawfully at large as the case may be; or

(c) because the accusation against the person is not

made in good faith in the interests of justice;

or

(d) because there exist valid humanitarian grounds,

it would, having regard to all the circumstances, be unjust

or oppressive to return the person.

(3)

The requested Party may

the person sought has been finally

in a third jurisdiction for the

surrender is

imposed has

enforceable.

refuse surrender where

acquitted or convicted

same offence for which

requested and, if convicted, the sentence

been fully enforced or is no longer

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