TNAG-2875-FCO40-4147-Future-of-Hong-Kong-localisation-of-laws-surrender-of-fugit-1993 — Page 142

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ARTICLE 7

Discretionary Refusal to Surrender

(1)

The requested Party may refuse to surrender a

fugitive offender for an offence which is regarded by its law as having been committed within the jurisdiction of its

courts.

(2)

The surrender of a fugitive offender may also be

refused if the requested Party considers that:

(a)

the offence

circumstances, not sufficiently

warrant the surrender; or

is. having regard to all the

serious to

(b)

by reason of the passage of time it would,

having regard to all the circumstances, be

unjust to surrender him; or

(c)

in

(d)

with

the circumstances of the case, the

surrender of the fugitive offender would be

incompatible

humanitarian

considerations in view of age, health or

other personal circumstances;

or

the surrender would prejudice the essential

interests of the requested Party; or

(e) the surrender of the fugitive offender may

place that Party in breach of its obligations under international treaties.