TNAG-2580-FCO40-3768-Extradition-agreements-between-Hong-Kong-and-Australia-1992 — Page 17

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

ARTICLE 7

DISCRETIONARY REFUSAL OF SURRENDER

Surrender may be refused if the requested Party considers

that:

(a) the offence is, having regard to all the

not sufficiently serious to warrant

(b)

(c)

circumstances,

the surrender;

there has been excessive delay, for reasons which

cannot be imputed to the person sought, in bringing

charges, in bringing the case to trial or in making

the person serve his or her sentence or the remainder

thereof;

the offence for which surrender is sought was

committed within the jurisdiction of its courts;

(d) the surrender might place that Party in breach of its

obligations under international law; or

(e)

in the circumstances of the case, the surrender would

be incompatible with humanitarian considerations in

view of the age, health OF other

circumstances of the person sought.

personal

И

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