TNAG-2580-FCO40-3768-Extradition-agreements-between-Hong-Kong-and-Australia-1992 — Page 131

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

03-FEB-1992 11:29

SECURITY BRANCH

ARTICLE 12

PROVISIONAL ARREST

852 877 36.36

P.18

(1) In urgent cases the person sought may, in accordance

with the law of the requested Party, be prov: sionally

arrested on the application of the requesting Party. The

application for provisiona.. arrest shall cortain an

indication of intention to request the surrende:: of the

person sought and the text of a warrant of arrest or a

judgment of conviction against that person, a stalement of

the penalty for that offence, and such further

information, if any, as would be necessary to justify the

issue of a warrant of arrest had the offer ce been

committed, or the person sought convicted, within the

jurisdiction of the requested Party.

(2) Ал application for provisional

forwarded through the same

surrender or through the International

Organisation (Interpol).

arrest nay be

channels as a request for

International Crimina.

Crimina. Police

(3) The provisional arrest of the person sought shall be

terminated upon the expiration of forty-five days from the

date of arrest if the request for surrender has not been

received, unless the requesting Party can justify

continued provisional arrest of the person sought in which

case the period of provisional ar::est shall be terminated

upon the expiration of a reasonable time not being more

than a further fifteen days. This provision sail not

prevent the re-arrest or surrender of the person ought if

the request for that

surrender is received

person's

subsequently.

U

18

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