For the purpose of this Article, in determining whether an offence is an offence
punishable under the laws of both Parties, the totality of the acts or omissions alleged
against the person whose surrender is sought shall be taken into account, without
reference to the elements of the offence prescribed by the law of the requesting Party.
(4) For the purpose of paragraph (1) of this Article, an offence shall be an offence according
to the laws of both Parties if the conduct constituting the offence was an offence against
the law of the requesting Party at the time it was committed and an offence against the
law of the requested Party at the time the request for surrender is received.
ARTICLE 3
SURRENDER OF NATIONALS
(1) The Government of the Republic of the Philippines reserves the right to refuse the
surrender of its nationals. The Government of Hong Kong reserves the right to refuse
the surrender of nationals of the state whose Government is responsible for its foreign.
affairs.
(2) Nationality shall be determined at the time of the commission of the offence for which
surrender is requested.
(3) Where the requested Party exercises this right, the requesting Party may request that the
case be submitted to the competent authorities of the requested Party in order that
proceedings for prosecution of the person may be considered.
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