TNAG-2580-FCO40-3768-Extradition-agreements-between-Hong-Kong-and-Australia-1992 — Page 37

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ARTICLE 14

20.

This is based on Article 9(2) of the model agreement with some slight modifications made at Australian request.

ARTICLE 15

21.

To

be consistent with Australian law and practice, Article 11 of the model agreement has been adapted to place a clearer obligation on the requested Party to arrange representation and meet costs, and to provide for consultation on how exceptional expenses will be met. It is entirely consistent with current Hong Kong law and practice.

ARTICLE 16

22.

Article 16 (1) was proposed by Australia. Article 16(2)-(4) is based on Article 12 (2) - (4) of the model agreement. Paragraph (3) is modified slightly to comply

with Australian law.

ARTICLE 17

23.

To

This is based on Article 13 of the model agreement.

be effective in accordance with Australian practice, the words "upon request" have been added to paragraph (1) and paragraph (2) has been re-worded. Paragraph (4) was added also at Australian request.

ARTICLE 18

Article 18 (1)

same as

24.

is substantively the Article 14 of the model agreement. Article 18(2) is a new provision which accords with Article 14 of the U.N. model. It enables the requested Party to give proper consideration as to whether consent should be given.

ARTICLE 19

very

was inserted at the request of Australia.

common provision in bilateral agreements of

25. It is a

This

this kind.

ARTICLE 20

26.

This new Article was inserted at the request of Australia to facilitate the transportation of fugitive offenders through the jurisdiction of one of the Parties. It is a common provision in bilateral agreements for the surrender of fugitive offenders.