TNAG-2875-FCO40-4147-Future-of-Hong-Kong-localisation-of-laws-surrender-of-fugit-1993 — Page 137

VAGNADSTRANITETAAN ME

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(xxxii)

(xxxiii)

conspiracy

or

or incitement or an attempt to commit,

acts preparatory to the commission of, or

participation in, any offence for which surrender

may be granted under this Agreement

any other offence for which surrender may be

granted in accordance with the laws

Parties.

of both

(2)

Where surrender of

requested for the purpose of

further requirement shall be

the sentence remain to be served.

a fugitive offender is

carrying out a sentence, a

that at least six months of

(3)

In determining whether

an offence is an offence

punishable under the laws of both Parties, it shall not

matter whether, under the laws of the Parties, the

constituent elements of the

offence differ, it being

understood that the totality of the acts or omissions as presented by the requesting Party shall be taken into

account.

(4)

Where surrender of a fugitive offender is requested for the purpose of carrying out a sentence on the

grounds that the person sought has been convicted of an

offence for which surrender may be granted under this

Agreement, the appropriate authority of the requested Party

may refuse to return or to keep such person in custody for

such a purpose if it appears to the appropriate authority

that the conviction was obtained in his absence.