TNAG-2581-FCO40-3769-Extradition-agreements-between-Hong-Kong-and-Canada-1992 — Page 43

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ARTICLE 5

Mandatory Refusal to Surrender

(1)

A fugitive offender shall not be surrendered if

the requested Party has substantial grounds for believing:

(a) that the offence of which that person is accused

or was convicted is an offence of a political

character;

(b) that the request for surrender (though purporting

to be made on account of an offence for which

surrender may be granted) is in fact made for the

purpose of prosecution or punishment on account

of race, religion, nationality or political

opinions; or

(c) that the person might, if returned, be prejudiced

at that person's trial or punished, detained or

restricted in his or her personal liberty by

reason of race,

political opinions.

religion, nationality

or

(2)

A fugitive offender who

has been finally

acquitted, convicted or pardoned or whose prosecution is

barred or whose conviction has been set aside under the law

of the requesting or requested Party for any offence set

out in

the request

offence.

shall not

be surrendered for that

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