TNAG-2875-FCO40-4147-Future-of-Hong-Kong-localisation-of-laws-surrender-of-fugit-1993 — Page 141

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

Samið 57 si na dzik KA KORKAZI.

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ARTICLE 6

Mandatory Refusal to Surrender

(1)

A fugitive

offender shall not be surrendered if

the requested Party considers that the offence of which

that person is accused or was convicted is an offence of a

political character.

(2)

A fugitive offender shall not be surrendered if

the requested Party has substantial grounds for believing:

(though

(a) that the request for his return

purporting to be made on account of an

offence for, which surrender may be granted)

is in fact made for the purpose of

prosecuting or punishing him on account of race, religion, nationality or political

opinions; or

his

(b) that he might, if returned, be prejudiced at

his

trial or punished, detained or

restricted in his personal liberty by reason

of his race, religion, nationality or

political opinions.

(3)

A fugitive offender shall not be surrendered if

he is or has become, for any reason provided for under the

law of either Party, immune from prosecution or punishment

for the offence for which his surrender has been requested.

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