TNAG-2580-FCO40-3768-Extradition-agreements-between-Hong-Kong-and-Australia-1992 — Page 12

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

(xxxi)

any other offences for which surrender may be

granted in accordance with the laws of both

Parties.

(2) Where

surrender is requested for the purpose of

carrying out a sentence, a further requirement shall be

that in the case of a period of imprisonment or detention

at least six months remain to be served.

(3) For the purposes of this Article, in determining

whether an offence is an offence punishable under the laws

of both Parties the totality of the acts or omissions

́alleged against the person whose surrender is sought shall

be taken into account without reference to the elements of

the offence prescribed by the law of the requesting Party.

(4) For the purposes of paragraph (1) of this Article, an

- offence shall be an offence according to the laws of both

Parties if the conduct constituting the offence was an

offence against the law of the requesting Party at the

time it was committed and an offence against the law of

the requested Party at the time the request for surrender

is received.

i,

7

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