TNAG-2570-FCO40-3756-Future-of-Hong-Kong-localisation-of-laws-surrender-of-fugit-1992 — Page 37

I

3

Article 5

13.

At the request of the Malaysians, Article 5(2) of the Model Agreement was replaced by the present Article 5 which allows for temporary and deferred surrender. The Article is included to cater for the situations where a fugitive is in prison in the Requested Party for an offence against the law of that Party. In such a case the evidence against him in respect of an offence in the Requesting Party

not be available for his trial if that trial has to be postponed until he has served his sentence in the Requested Party and then surrendered. This Article permits temporary surrender for trial and return to the Requested Party to

complete serving the original sentence. When the original sentence is served the person may be returned again to serve any sentence imposed in the Requesting

Party.

Article 6(1)

14.

No change.

Article 6(2)

15.

against

At the

the request of the Malaysians, serious crimes person of the Head of State or his immediate family were excluded from being regarded as crimes of a political character. Many agreements provide for such an which, under international agreements binding on both Parties, are not to be regarded as political offences are excluded.

exception.

Article 6(3)

16.

Additionally

offences

This Article is substantially the same as Article 5(3) of the Model Agreement.

Articles 7(1) - (3)

17.

No substantive change.

Article 7(4)

18.

This

Article has been redrafted to cover the case of a person who has been convicted but not yet sentenced.

Article 8

19.

Same

as in Model Agreement except that Article 8 (3) was changed to allow only forty-five days for the requesting Party to forward to the requested Party the formal request for surrender.