TNAG-2580-FCO40-3768-Extradition-agreements-between-Hong-Kong-and-Australia-1992 — Page 97

ERMENT HOUSE HONG KONG.

THU 27 FEB 92 19:14

PG.25

CONFIDENTIAL

ARTICLE 18

RULE OF SPECIALTY

(1) A person who

has been

surrendered

shall not

be

proceeded against, sentenced or detained with a view to the carrying out of any sentence for any offence committed

prior to surrender other than:

(a) the offence in respect of which return is ordered;

(b)

(c)

any lesser offence, however described, disclosed by

which the facts in respect of which return

was

ordered

provided such an offence is an offence for which the person sought can be returned under this Agreement;

an offence

for which

this Agreement in

offence being other any surrender may be granted under

respect of which the requested Party consents to the

person being dealt with;

not

unless that person has first had an opportunity to leave Australia or Hong Kong, as the case may be, and has done so within forty days of having been free to leave or

has returned after having left.

(2) A Party whose consent is requested under paragraph

(1)(c) may require the

submission of any document

statement mentioned in Article 9.

or

CONFIDENTIAL

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