TNAG-2580-FCO40-3768-Extradition-agreements-between-Hong-Kong-and-Australia-1992 — Page 64

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

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ARTICLE 17

SURRENDER OF PROPERTY

(1) When a request for surrender is granted the requested

Party shall, 80 far as its law allows hand over, upon

request, to the requesting Party all articles, including

sums of money:

(a)

which may serve as proof of the offence; or

(b)

which have been acquired by the person sought as a

result of the offence and are in that person's

possession or discovered subsequently.

retain any

(2) The requested Party may temporarily

property mentioned in paragraph (1) if it is the subject

of, or is required for, proceedings in that jurisdiction,

or it may temporarily surrender it on condition that it be

returned free of charge.

(3) These provisions shall not prejudice the rights of

the requested Party or of any person other than the person

sought. When such rights exist the articles shall on

request be returned to the requested Party without charge

as soon as possible after the end of the proceedings.

(4) The property mentioned in paragraph (1) shall, if the

requesting Party so requests, be surrendered even though

the person cannot be surrendered. owing to death,

disappearance or escape.

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