TNAG-2337-FCO40-3401-Extradition-agreement-between-Hong-Kong-and-Canada-1991 — Page 9

GOVERNMENT HUUSE

HUNG KUNG

ARTICLE 5 AND 6

11-20

6:57

PHGE 05

!

E

心

CONFIDENTIAL

10.

At the request of Canada, Articles D(1)

anu 151,

6 and 15 of the Model Agreement were reorganizeu into two

categories:

and mandatory

discretionary

recusa

CO

surrender.

The

grounds for mandatory and discretionary

refusal are substantively

заве the

Agreement.

Article

a

which

invoked be may

модел in сде

6(3) 18

new discretionaıy yıwuudd

in respect

as

of

acquittals

ог

convictions in a third jurisdiction for the same orrence.

ARTICLE 7

11.

Model

option

the

This

Article

13

based

on

Article 5(2) of the

Agreement. The requested Party is however given the

of granting or postponing surrender.

If the offence

in the requested Party was relatively trivial compared with offence for which surrender was sought the view could be taken that it was more appropriate to surrender chan continue with the existing proceedings.

AKTICLE 3

12.

Model

This

Agreement.

Article

was

In

originally Article

7 of the

Article 8(3), the last sentence was

CONFIDENTIAL