TNAG-2581-FCO40-3769-Extradition-agreements-between-Hong-Kong-and-Canada-1992 — Page 79

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ARTICLE 10

18.

This Article was originally Article 9(1) of the Model Agreement. The word 'information' was replaced by 'documentation' for consistency with Articles 8 and 9.

ARTICLE 11

19.

Articles 11 (1) and (2) derive from Article 8 (1) of the Model Agreement. Article 11(2) now requires the Requesting Party to provide more detailed information to assist the Requested Party in making a decision.

20.

Article 11(3) is substantively the same as Article 8(2) of the Model Agreement. The only amendment is to stipulate that the application has to be in writing.

21.

Again, Article 11(4) is substantively the same as Article 8(3) of the Model Agreement albeit the time limit is simplified to sixty days instead of forty-five plus fifteen.

ARTICLE 12

22.

Article 12 is substantively the same as Article 9(2) of the Model Agreement.

ARTICLE 13

23.

Article 13 derives from Article 11 of the Model Agreement. The second sentence of paragraph 1 was included because, under Canadian law, representation can only be provided if there is a treaty requirement. Canada was also concerned about the possibility of huge expense being incurred in complicated cases. Hence the requirement at Article 13 (2) to consult in such cases.

ARTICLE 14

24.

This Article is substantively the same as Article 12 (1) of the Model Agreement. To emphasise that it is the conduct which is critical the words 'conduct constituting' have been inserted before the words 'the offence'.

ARTICLE 15

25.

Article 15 (1) is included at Canadian request to ensure that a decision on the request for surrender is communicated immediately to the requesting Party.

26.

Articles 15(2), (3) and (4) are similar to Articles 12(2), (3) and (4) of the Model Agreement.

ARTICLE 16

27.

At Canadian request, Article 13 of the Model Agreement has been modified to make it clear that the transfer of any