TNAG-2580-FCO40-3768-Extradition-agreements-between-Hong-Kong-and-Australia-1992 — Page 96

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

ERMENT HOUSE HONG KONG.

THU 27 FEB 92 19:13

PG.24

CONFIDEVILL

ARTICLE 17

SURRENDER OF PROPERTY

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

upon

Party shall, so far as its law allows hand over, 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

that person's result

a

are

in

and offence of the

possession or discovered subsequently.

The

any

retain temporarily (2)

requested Party may 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.

on

(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 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 to death,

the

cannot person

be

surrendered

owing

disappearance or escape.

CONFIDENTIAL

23

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