TNAG-2580-FCO40-3768-Extradition-agreements-between-Hong-Kong-and-Australia-1992 — Page 91

CONFIDENTUL

ARTICLE 12

PROVISIONAL ARREST

(1) In urgent cases the person sought may, in accordance

law of the requested Party, be provisionally

with the law of

arrested on the application of the requesting Party.

The

application

for

provisional

shall arrest

contain an

Or a

indication of intention to request the surrender of the

person sought and the text of a warrant of arrest

judgment of conviction against that person, a statement of

for penalty

that offence, and such further

information, if any, as would be necessary to justify the

of arrest had the offence been

the

issue of

warrant a

committed,

or

the

within person sought convicted,

the

jurisdiction of the requested Party,

(2)

An

application for

forwarded through the same

arrest provisional

channels as a

International Criminal Police

may

be

request

for

surrender or through the

Organisation (Interpol).

(3) The provisional arrest of the person sought shall be

terminated upon the expiration of forty-five days from the

date of arrest if the request for surrender has not been

received, unless the requesting Party can justify

continued provisional arrest of the person sought in which case the period of provisional arrest shall be terminated

upon the expiration of a reasonable time not being more

than a further fifteen days. This provision shall not

prevent the re-arrest or surrender of the person sought if

for that the request

is surrender

received person's

subsequently.

CONFIDENTIAL

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