TNAG-2580-FCO40-3768-Extradition-agreements-between-Hong-Kong-and-Australia-1992 — Page 80

QUERMENT HOUSE, HONG KONG.

THU 27 FEB 92 10:00

PG.08

(XXX1)

CONFIDENTIAL

any other offences for which surrender may be

granted in accordance with the laws of both

Parties.

(2)

Where

surrender

is requested

for

the

purpose

of

a further requirement shall be

carrying out a sentence,

that in the case of a period of imprisonment or detention

at least six months remain to be served.

this Article, in determining

(3) For the purposes of whether an offence is an offence punishable under the laws

of both Parties

the acts or omissions Parties the totality of alleged against the person whose surrender is sought shall be taken into account without reference to the elements of the offence prescribed by the law of the requesting Party.

(4) For the purposes of paragraph (1) of this Article, an offence shall be an offence according to the laws of both Parties if the conduct constituting the offence

was an

the

offence against the law of the requesting Party at time it was committed and an offence against the law of the requested Party at the time the request for surrender

is received.

CONFIDENTINI

U

7