TNAG-2580-FCO40-3768-Extradition-agreements-between-Hong-Kong-and-Australia-1992 — Page 53

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

circumstances,

not sufficiently serious

to warrant

the surrender;

(b)

there has been excessive delay,

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;

(c)

the

offence

for which

is surrender

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 or other

circumstances of the person sought.

personal

И

12