TNAG-2875-FCO40-4147-Future-of-Hong-Kong-localisation-of-laws-surrender-of-fugit-1993 — Page 108

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

application for provisional arrest shall contain an indication of intention to request the

surrender of the person sought and the text of a warrant of arrest or a judgment of

conviction against that person, a statement of the penalty for that offence, and such

further information, if any, as would be necessary to justify the issue of a warrant of

arrest had the offence been committed, or the person sought convicted, within the

jurisdiction of the requested Party.

(2) An application for provisional arrest may be forwarded through the same channels as a

request for surrender or through the International Criminal Police Organization

(INTERPOL).

(3) The provisional arrest of the person sought shall be terminated upon the expiration of

forty-five days from the date of arrest if the request for surrender has not been received,

unless the requesting Party can justify continued provisional arrest of the person sought

in which case the period of provisional arrest shall be terminated upon the expiration of

a reasonable time not being more than a further fifteen days. This provision shall not

prevent the re-arrest or surrender of the person sought if the request for the person's

surrender is received subsequently.

ARTICLE 12

ADDITIONAL INFORMATION

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(1) If the information communicated by the requesting Party is found to be insufficient to

allow the requested Party to make a decision in pursuance of this Agreement, the latter

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