TNAG-2570-FCO40-3756-Future-of-Hong-Kong-localisation-of-laws-surrender-of-fugit-1992 — Page 19

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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ARTICLE 8

PROVISIONAL ARREST

(1)

In urgent cases the person sought may, in

accordance with the law of the requested Party, be

provisionally arrested on the application of the

competent authorities of the requesting Party. The

application for provisional arrest shall contain an

indication of intention to request the surrender of the

person sought and a statement of the existence of a

warrant of arrest or a judgment of conviction against

that person,

and such further information, if any,

would be necessary to justify the issue of a warrant of

arrest had the offence been committed, or the person

as

sought been convicted, within the

the jurisdiction of the

requested Party.

(2) An application for provisional arrest

may be

a request for

forwarded through the same channels

surrender or through the International Criminal Police

Organisation (INTERPOL).

(3) The provisional arrest of the person sought shall

be terminated upon the expiration of forty-five days

from the date of his arrest if the request for his

surrender shall not have been received. This provision

shall not prevent the re-arrest or surrender of the

person sought if the request for his surrender

received subsequently.

is

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