TNAG-2580-FCO40-3768-Extradition-agreements-between-Hong-Kong-and-Australia-1992 — Page 120

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

03-FEB-1992

11:26

SECURITY BRANCH

$

852 877 36.36

P.07

(xxxi)

(2) Where

any other offences for which surrende: may be

granted in accordance with the laws of both

Parties.

surrender is requested for the purse 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

whether an offence is an offerce 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.

this Article, in determining

(4) For the purposes of paraţraph (1) of this Art:cle, an

offence shall be an offence accord:.ng 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.

7

}

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