TNAG-2337-FCO40-3401-Extradition-agreement-between-Hong-Kong-and-Canada-1991 — Page 7

ARTICLE 2(2)

CONFIDENTIAL

4.

otiose.

The words 'in the case of' were omitted as being

ARTICLE 3(3)

5.

This ден

agreements.

paragraph establishes

conduct test which has become COMBOR in

extradition

to will help

the

so-called

It

more recent

ensure that

surrender of the fugitive nay take place provided the

offence falls within the general description of one of the

itema on the list and the

is criminal in both

jurisdictions.

conduct

6.

Article 2(3) in the Model

Agreement was not

adopted pecause convictions 'in absentia' are not possible

under Hong Kong or Canadian law.

ARTICLE 2(4)

7.

This

was

included

to define

precisely

the

relevant points in time at which double criminality must be

assessed.

CONFIDENTIAL