TNAG-2580-FCO40-3768-Extradition-agreements-between-Hong-Kong-and-Australia-1992 — Page 104

CONFIDEREL

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at Australian insistence. multilateral agreements

It will cover

only

those

which the Chinese side agrees will continue to apply to Hong Kong after 1997. Article 6(3) equates to Article 5(3) of the model agreement.

same as

the

model.

give precedence

ARTICLE 7

13.

the

Article 15(a),

Sub-paragraphs (a), (b) and (e) are substantively

and (d) (b)

of the model. Sub-paragraph (c) of Article 7 is based on Article 5(1) of (d) will permit the Parties to Sub-paragraph

under multilateral to their obligations

conventions.

ARTICLE 8

14.

the is This

same as Article 5(2) of the model

agreement.

ARTICLE 9

15.

Article

agreement. statement

of

7 of the model on is based This

Paragraph (2)(b) includes a requirement for a acts and omissions in order to comply with Australian law. Article 9(4) modifies Article 7(4) of the to cater for the situation where a person model agreement

has been convicted but not sentenced.

ARTICLE 10

16.

This is a simplified version of Article 10(1) of the model agreement.

ARTICLE 11

17.

Article This

represents a slight modification of

the first sentence of Article 10(2) of the model agreement.

ARTICLE 12

18.

This

8 of the model Article is

from derived

Article 12(1) At Australian request agreement.

the text of the warrant of additionally requires that arrest and a statement of the penalty are to be furnished. time" in Article 12(3) to "reasonable The reference reflects Australian law.

ARTICLE 13

19.

Article 13(1) model agreement.

is the same as Article 9(1) of the

is

added at Australian Article 13(2) request to complement Article 13 (1).

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