TNAG-2581-FCO40-3769-Extradition-agreements-between-Hong-Kong-and-Canada-1992 — Page 64

ARTICLE 2 (2)

4.

The

words

otiose.

ARTICLE 2(3)

3 -

'in the case of' were omitted as being

5.

This new paragraph establishes the

'conduct' test which has become common in

extradition agreements.

so-called

more recent

It will help to ensure that

surrender of the fugitive may take place

provided the

offence falls

within the general description of one of the

items on the list and the conduct is criminal in both

jurisdictions.

6.

Article 2 (3) in the Model Agreement was not

adopted because

convictions in absentia' are not possible

under Hong Kong or Canadian law.

ARTICLE 2(4)

7.

This was included to define precisely the

relevant points in time at which double criminality must be

assessed.