TNAG-2580-FCO40-3768-Extradition-agreements-between-Hong-Kong-and-Australia-1992 — Page 29

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

ARTI

ARTICLE 18

RULE OF SPECIALTY

(1) A person who

has been surrendered

shall not be

proceeded against, sentenced or detained with a view to

the carrying out of any sentence for any offence committed

prior to surrender other than:

(a) the offence in respect of which return is ordered;

(b) any lesser offence, however described, disclosed by

the facts in respect of which return was ordered

provided such an offence is an offence for which the

person sought can be returned under this Agreement;

(c) any other offence being an offence for which

surrender may be granted under this

this Agreement in

respect of which the requested Party consents to the

person being dealt with;

unless that person has first had an opportunity to leave

Australia or Hong Kong, as the case may be, and has not

done so within forty days of having been free to leave or

has returned after having left.

(2) A Party whose consent is requested under paragraph

(1)(c) may require the submission of any document

statement mentioned in Article 9.

or

24

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