TNAG-2875-FCO40-4147-Future-of-Hong-Kong-localisation-of-laws-surrender-of-fugit-1993 — Page 153

22

ARTICLE 16

Rule of Specialtv

A fugitive offender who has been

(1)

surrendered shall not be proceeded against, sentenced, detained or subjected to any other restriction of personal liberty by requesting Party for any offence committed prior to his surrender other than:

the

(a) the offence or offences in respect of which

his surrender was granted;

(b)

an offence, however described, based on substantially' the same facts in respect of which his surrender was granted, provided such offence is one for which he could be

under this Agreement, and provided further such offence is punishable by a penalty no more severe than the penalty for the offence for which he

surrendered

was

surrendered;

(c)

any

other offence for which surrender may be granted under this Agreement in respect of which the requested Party may consent to his being dealt with;

unless he has first had an

opportunity to exercise his

right to leave the jurisdiction of the Party to which he

has been surrendered

and he has not done so within forty

days or has voluntarily

having left it.

returned to that jurisdiction